Salaimuthu.M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.1971 of 2021 M.Salaimuthu
...Petitioner
/Vs./ 1.The District Collector, Collectorate, Dindigul District, Dindigul.
2.The Block Development Officer, Panchayat Union Office, Aathoor, Dindigul.
3.The Assistant Director, Tamil Nadu Fishermen Welfare Board, Nehruji Nagar, Dindigul.
4.The Assistant Engineer, Marudhanathi Division, Ayyampalayam, Aathoor Taluk, Dindigul.
5.Ezhilmaran .
...Respondents
(R3 to R5 are impleaded vide Court order dated 11.10.2023 in WMP(MD)No.3206/2021.) PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to revoke the post of vice 1/4
president of Sitharevu Panchayat, Sitharevu Village, Aathoor Taluk, Dindigul District from the above said Ezhilmaran based upon the representation of the petitioner dated 19.01.2021.
For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.K.S.Selvaganesan (R1 to R3) Additional Government Pleader
ORDER
This writ petition has been filed for issuance of writ of mandamus, directing the respondents to act upon the representation made by the petitioner dated 19.01.2021, wherein the petitioner is seeking for disqualification of the impleaded fifth respondent, who is the Vice President of Sitharevu Panchayat, Dindigul District on the ground that the 5th respondent has violated Section 247 of the Tamil Nadu Panchayats Act, 1994.
2. Heard Mr.S.Sivaprakash, learned counsel for the petitioner and Mr.K.S.Selvaganesan, learned Additional Government Pleader for the respondents 1 to 3.
3. The grievance of the petitioner is that the impleaded 5th respondent is the Vice President of Sitharevu panchayat and he had taken fishing lease right in 2/4
his own name and the same is in violation of Section 247 of the Tamil Nadu Panchayats Act, 1994. A representation was given in this regard to the first respondent. Since the same was not considered, the present writ petition has been filed before this Court.
4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 19.01.2021 on its own merits and in accordance with law after affording an opportunity to the 5th respondent and take a final decision within a period of six weeks from the date of receipt of a copy of this order.
5. This writ petition is disposed of with the above direction. No costs. 11.10.2023 NCC : Yes/No (2/2) Internet :Yes/No Index :Yes/No sm 3/4
N.ANAND VENKATESH, J.
sm TO:- 1.The District Collector, Collectorate, Dindigul District, Dindigul.
2.The Block Development Officer, Panchayat Union Office, Aathoor, Dindigul.
3.The Assistant Director, Tamil Nadu Fishermen Welfare Board, Nehruji Nagar, Dindigul.
Order made in W.P.(MD)No.1971 of 2021 (2/2) Dated:
11.10.2023 4/4