Dhanalakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2024

CORAM

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP Dhanalakshmi ... Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Superintendent of Police, Karur District, Karur.

3.The Assistant Director of Panchayat, Collectorate Campus, Karur, Karur District.

4.The Inspector of Police, Thogaimalai Police Station, Thogaimalai, Karur District.

5.Angumani 6.Devisha ... Respondents 1/5

PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the Respondents 1 to 4 to protect and ensure the Petitioner to run the Pulutheri Panchayat, Thogaimalai Panchayat Union, Kulithalai Taluk, Karur District and implement the Government Welfare Schemes from the Respondents 5 and 6 and their henchmen. For Petitioner : Mr.R.Murugappan For R-1 to R-4 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner is a elected Panchayat person. As per the Panchayats Act, she has to convene Grama Sabha meeting. The private Respondents herein are interfering with the powers of the Petitioner herein to conduct Grama Sabha as per the Panchayats Act which she is entitled to. She is not allowed to conduct the Grama Sabha meeting. Her representation repeatedly to the Respondents 1 to 4 was of no avail. Therefore, she was forced to file this Writ Petition.

2. The learned Additional Public Prosecutor on instructions from the Respondents 1 to 4 would submit that the the Petitioner lodged a complaint based on which CSR No.694/2023 was registered, enquiry conducted and 2/5

closed on 02.12.2023. Thereafter, the petitioner's husband lodged a complaint, based on which CSR No.104 of 2024 was issued and enquiry conducted and closed on 08.02.2024 and once again the Petitioner lodged a complaint and current paper is pending.

3. The learned Additional Public Prosecutor invited the attention of this Court to the earlier order passed by this Court in Crl.O.P.(MD).No.21239 of 2023 dated 27.11.2023, wherein the Respondents were directed to hold enquiry by issuing summons to both the parties and dispose of the same in accordance with law, as as early as possible. Now this is the third petition. Earlier complaint was preferred by the petitioner. Subsequently, her husband, then this is the third petition. The learned Additional Public Prosecutor on instructions from the Respondents 1 to 4 would submit that they are ready to issue summons to conduct enquiry. Instead of appearing before the fourth Respondent, the Petitioner had rushed to this Court. The Respondents 1 to 4 undertake to co-operate with the pending enquiry.

4. Recording the submission of the learned Additional Public Prosecutor, the Petitioner is directed to co-operate with the pending enquiry with the fourth Respondent. The Respondents 1 to 4 are directed to take appropriate action 3/5

against the Respondents 5 and 6 who does not have any power under the law to interfere with the elected President of the Panchayat.

5. With the above directions, this Writ Petition is disposed of. No costs. 12.02.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The District Collector, Karur District, Karur.

2.The Superintendent of Police, Karur District, Karur.

3.The Assistant Director of Pancakes, Collectorate Campus, Karur, Karur District.

4.The Inspector of Police, Thogaimalai Police Station, Thogaimalai, Karur District.

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SATHI KUMAR SUKUMARA KURUP ,J.

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