T.Malarani v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.31659 of 2022 T.Malarani ... Petitioner Vs

1. The District Collector Office of the District Collector, Ariyalur District.

2. The Assistant Director, Panchayat & Audit District Collector Office, Ariyalur Ariyalur District.

3.The Block Development Officer Village Panchayat, Panchayat Union Andimadam, Andimadam Taluk Ariyalur District.

4.R.Rajaji ... Respondents Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to conduct enquiry and take action against the 4th respondent herein by considering the representations of the petitioner dated 22.11.2021 and 03.10.2022 in accordance with law to secure the ends of justice. 1/5

For Petitioner : G.D.Sendillveal For Respondents : Mr.S.Rajesh for R1 & R2 Government Advocate Mr.R.Siddharth for R3 No Appearance for R4

ORDER

This writ petition has been filed to direct the 1st and 2nd respondents to conduct enquiry and take action against the 4th respondent herein by considering the representations of the petitioner dated 22.11.2021 and 03.10.2022 in accordance with law.

2. The petitioner is the 9th ward member of Periyakrishnapuram Panchayat, Andimadam Taluk, Ariyalur District. It is the contention of the petitioner that the Panchayat President has fraudulently taken money from Panchayat Accounts, without obtaining the signature of the ward members on the resolution registers and he has also prepared fake receipts, without the knowledge of all ward members. Therefore, proper enquiry should be conducted before all the panchayat ward members and action should be taken against the panchayat president to recover money. The petitioner has 2/5

given complaint on 22.11.2021 and further made a representation to the first respondent on 03.10.2022, to take action against the President. However, no action taken. Hence the writ petition.

3. The learned Government Advocate appearing for the respondents 1 and 2 submitted that, this Court, vide order dated 28.11.2022, has directed the first respondent to file action taken report, on the representations of the petitioner. He further submitted that, pursuant to the above order, the second respondent sent a reply to the petitioner, stating that, Audit for the financial year 2020-2021 and 2021-2022 was already completed and further, Audit from the date of 01.04.2022 to till date, will be conducted and Audit reports will be given to the petitioner. He has also placed the above action taken report before this Court.

4. At this juncture, the learned counsel for the petitioner submitted that the authorities concerned may be directed to give the Audit reports to the petitioner, within a time frame as fixed by this Court. 3/5

5. Considering the fact that already action was initiated on the representation of the petitioner, the second respondent is directed to complete the Audits for the relevant period and proceed further, as per law, if action is warranted, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 21.12.2022 Index:Yes/No Internet:Yes/No mst To

1. The District Collector Office of the District Collector Ariyalur District.

2. The Assistant Director Panchayat & Audit District Collector Office, Ariyalur District. 3.The Block Development Officer Village Panchayat, Panchayat Union Andimadam, Andimadam Taluk, Ariyalur District. 4/5

N.SATHISH KUMAR, J.

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