B.Priya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 36165 of 2023 B.Priya ... Petitioner -vs1. The District Collector, Salem District, Salem - 636 001.

2. The Assistant Director of Panchayat, Collectorate Campus, Salem District.

3. The Revenue Divisional Officer, Attur, Salem District.

4. Vijendran ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, to direct the First Respondent to consider the representation of the Petitioner dated 20.12.2023 and consequently to direct the Third Respondent to adhere the procedures as contemplated by the Tamil Nadu Panchayat Act, 1960 and allow the Petitioner to discharge her duty as the chairman of the Panchayat union, Gangavalli Union, Salem District without any hindrance by the Fourth Respondent and his henchmen. 1/4

For Petitioner : Mr. L.Chandrakumar for Mr. S.Vinodha For Respondents : Mr. U.Baranidharan, Additional Government Pleader (for R1 to R3)

O R D E R

Heard Mr. L.Chandrakumar, Learned Counsel for the Petitioner and Mr. U.Baranidharan, Learned Additional Government Pleader, who takes notice for the First to Third Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2.

Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Fourth Respondent, notice to him is dispensed with.

3.

The Writ Petition has been filed on 21.12.2023 to direct the First Respondent to pass orders on the representation dated 20.12.2023 made by the Petitioner seeking the Third Respondent to follow the procedures contemplated by the Tamil Nadu Panchayat Act, 1994 to discharge her duty as Chairman of Gangavalli Panchayat Union, Salem District without any hindrance from the Fourth Respondent and his henchmen.

2/4

4.

Inasmuch as there has not been sufficient time for the First Respondent to examine and take action on that representation, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the right of the Petitioner to file a fresh Writ Petition relating to the same matter, if such necessity arises, later and he has made an endorsement to that effect in the court record.

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, the connected Miscellaneous Petition. No costs. 22.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 31.01.2024.

kv To

1. The District Collector, Salem District, Salem - 636 001.

2. The Assistant Director of Panchayat, Collectorate Campus, Salem District.

3. The Revenue Divisional Officer, Attur, Salem District.

3/4

P.D. AUDIKESAVALU, J.

kv 22.12.2023 4/4