C.Kuppusamy v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.12.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W .P.No.32842 of 2022 C.Kuppusamy ... Petitioner Vs.
1.The District Collector The Office of Tiruppur district Collectorate Tiruppur 641604 2.The Tahsildar Dharapuram Taluk Dharapuram 638656 3.The Assistant Director (Panchayat) Tiruppur District Tiruppur 641604 4.Selvi ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents particularly the respondent No.1 to 3 to consider the representation of the petitioner dated 28.09.2022 and petitioner's reminder letter dated Page No.1 of 4
11.10.2022 and to take necessary action against the 4th respondent as per Section 205 for disobeying the provision under Section 90 of Tamilnadu Panchayat Act, 1994 within the time stipulated by this Court. For Petitioner : Mr.K.V.Muthu Visakan For Respondent : Mr.K.M.D.Muhilan Addl. Government Pleader for R1 to R3
O R D E R
The Writ Petition is filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents particularly the respondent No.1 to 3 to consider the representation of the petitioner dated 28.09.2022 and petitioner's reminder letter dated 11.10.2022 and to take necessary action against the 4th respondent as per Section 205 for disobeying the provision under Section 90 of Tamilnadu Panchayat Act, 1994 within the time stipulated by this Court. 2.It is the case of the petitioner that he is the elected Ward Councillor of Goundachaipudur Village Panchayat, Dharapuram Panchayat Union, Tiruppur District. He appears to have given a Page No.2 of 4
complaint against the President of his Panchayat for not conducting council meeting of the Panchayat Council within a period of 60 days from the date of last council meeting, however, no action has been taken on his complaint till now. Hence the petition.
3.Mr.K.M.D.Muhilan, the learned Additional Government Pleader takes notice for the respondents No.1 to 3. He submitted that pursuant to the complaint, show cause notice has been issued to the President of Goundachaipudur Village Panchayat, Dharapuram Panchayat Union, Tiruppur District on 06.10.2022 by the Block Development Officer to submit her explanation within two days.
4.Such view of the matter, when the action has already been initiated and show cause notice has been issued to the 4th respondent, the petitioner now cannot once again seek a direction from the Court. It is for the authorities to proceed pursuant to the explanation submitted by the 4th respondent in a manner known to law.
Page No.3 of 4
N.SATHISH KUMAR, J.
kas 5.Such view of the matter, no further direction is required in this petition. The authorities shall expedite the enquiry process and complete the enquiry. This Writ Petition stands dismissed accordingly. No costs. 07.12.2022 kas Index : yes / no Internet : yes / no Speaking / Non speaking To 1.The District Collector The Office of Tiruppur district Collectorate Tiruppur 641604 2.The Tahsildar Dharapuram Taluk Dharapuram 638656 3.The Assistant Director (Panchayat) Tiruppur District Tiruppur 641604 Page No.4 of 4