M.Parasakthi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.32006 of 2022 & W.M.P.No.31457 of 2022 M.Parasakthi ... Petitioner Vs

1. The District Collector/The Inspector of Panchayats,

2. The Assistant Director of Panchayats, Kallakurichi, Kallakurichi District.

3. The Block Development Officer, Village Panchayats, Ulundurpet, Kallakurichi District.

4. G.Ramasamy, Panchayat President, S.Malayanur Panchayat, Ulundurpet,

5. G.Jayaraman .. Respondents 1/6

Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned Order of the second respondent in Ref.No.Na.Ka.No.A4/1848/2022 dated nil.11.2022 signed on 07.11.2022 and quash the same and consequently direct the first respondent to take appropriate action against the persons who are responsible for manipulation of the panchayat records and putting fake signature on the file of S.Malayanur Panchayat, Ulundurpet, Kallakurichi District, on the basis of the petitioner's representation dated 03.06.2022 within the stipulated time as may be fixed by this Court. For Petitioner : Mr.T.Arockia Dass For Respondents : Mr.N.Naveen Kumar, Government Advocate R1 & R2 Mrs.E.Ranganayaki - R3 No appearance - R4 & R5

ORDER

This Writ Petition has been filed to quash the impugned Order of the second respondent dated nil.11.2022 signed on 07.11.2022 and consequently direct the first respondent to take appropriate action against the persons who are responsible for manipulation of the panchayat records 2/6

and putting fake signature on the file of S.Malayanur Panchayat, Ulundurpet, Kallakurichi District, on the basis of the petitioner's representation dated 03.06.2022 within the stipulated time as may be fixed by this Court.

2. The grievance of the petitioner is that the fourth respondent has forged the signature of the then Panchayat President and swindled the money of the panchayat. The petitioner has already filed a Writ Petition No.16363 of 2022 to take action against such activities of the fourth respondent. This Court by an Order dated 30.06.2022 directed the officials of the respondents to dispose of the petitioner's representation dated 03.06.2022. Thereafter, an enquiry has been conducted and without verifying the disputed resolution, a report has been given. Therefore, this Writ Petition has been filed. This Court by its Order dated 02.12.2022, directed the second respondent to ensure that all the relevant documents are verified with the Director of Forensic Science Department.

3. The learned Government Advocate appearing for the first and second respondents submitted that the disputed resolution along with other 3/6

documents have been sent to the Forensic Science Department. The learned counsel appearing for the third respondent also submitted hat they have sent the disputed resolution and the other documents for Forensic Department for comparison.

4. In such view of the matter, if the report proves the contention of the petitioner, the first respondent shall take action as per law under the Panchayat Act. The Director, Forensic Science Department shall expedite the report and issue a report expeditiously.

5. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 04.01.2023 vrc To

1. The District Collector/The Inspector of Panchayats,

2. The Assistant Director of Panchayats, Kallakurichi, Kallakurichi District.

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3. The Block Development Officer, Village Panchayats, Ulundurpet, Kallakurichi District.

4. G.Ramasamy, Panchayat President, S.Malayanur Panchayat, Ulundurpet, 5/6

N.SATHISH KUMAR, J.

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