S.Ravi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Ravi ..

Petitioner Vs.

1. The District Collector cum Inspector of Panchayat Namakkal District Collectorate Office, Namakkal.

2. The Assistant Director Rural Development & Village Panchayats Namakkal District, Collectorate Office Namakkal.

3. The Block Development Officer Nadupatty Village Panchayat Vennandur Block, Namakkal District.

4. M.Jothiswaran ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first respondent the District Collector cum Inspector of Panchayat, Namakkal District to pass suitable order based on the representation dated 15.05.2023 and

reminder dated 09.10.2023 of the petitioner by taking appropriate action by removing the Panchayat President, Nadupatty Village Panchayat, Vennandur Block, Namakkal District, the 4th respondent by invoking the power under Section 205 of the Tamil Nadu Panchayat Act, in accordance with law.

For the Petitioner : Mr.K.Chozhan For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.K.Chozhan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 3.

2. Learned counsel for the petitioner submits that the President of the village panchayat (fourth respondent) has indulged in mismanagement of funds. Many representations have been given by the petitioner, but no action has been taken by the respondent authorities. Even a First Information Report is registered against the fourth respondent, but no further action has been initiated.

3. The President of a village panchayat can be removed under

Section 205 of the Tamil Nadu Panchayats Act, 1994. The petitioner is not in a position to point out any provision, under which, upon the representation given by an individual, the process for removal of the President can be initiated.

4. In the light of that, no relief can be granted to the petitioner. In case the authorities have power to take necessary action upon the representations given by the petitioner, then the petitioner may prosecute his representations.

5. The writ petition, accordingly, stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 02.01.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector cum Inspector of Panchayat Namakkal District Collectorate Office, Namakkal.

2. The Assistant Director Rural Development & Village Panchayats Namakkal District, Collectorate Office Namakkal.

3. The Block Development Officer Nadupatty Village Panchayat Vennandur Block, Namakkal District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVATHY, J.

(drm) 02.01.2024