Nalan Chakaravarthy .S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.3378 of 2024 Mr.Nalan Chakravarthy S ... Petitioner Vs.

1.The District Collector, Kanniyakumari District.

2.The Panchayat Inspector, Nagercoil, Kanniyakumari District - 629 001.

3.The President, Melakrishnanputhoor Panchayat, Rajakkamangalam Panchayat Union, Kanniyakumari District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the representation, dated 06.11.2023 based on the report, dated 17.10.2023 given by the panchayat ward members for taking necessary action against the third respondent.

For Petitioner :Mr.M.Antony Jesurajan For Respondents :Mr.P.Thilak Kumar, Government Pleader

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation, dated 06.11.2023 based on the report, dated 17.10.2023 given by the panchayat ward members for taking necessary action against the third respondent.

2. Mr.P.Thilak Kumar, learned Government Pleader, takes notice for the respondents 1 and 2.

3. According to the petitioner, he has made a representation to the first respondent/District Collector, Kanniyakumari District, on 06.11.2023, requesting to take action for the irregularities committed by the third respondent in the panchayat fund. Since no action was taken by the first respondent on the petitioner's representation, the petitioner has filed this writ petition with the aforesaid prayer.

4. The learned Government Pleader appearing for the respondents 1 and 2, on instructions, would submit that no supporting materials have been produced by the petitioner to establish the allegation raised by him.

5. We are not inclined to go into the factual dispute raised in this writ petition. However, as the petitioner has made a representation on 06.11.2023 before the first respondent, we direct the first respondent to consider the petitioner's representation, dated 06.11.2023 and to pass appropriate orders, on merits and in accordance with law, after providing opportunity to all the parties concerned. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

[D.K.K., J.] [R.V., J.] 15.02.2024 Index :

Yes / No PM

To:

1.The District Collector, Kanniyakumari District.

2.The Panchayat Inspector, Nagercoil, Kanniyakumari District - 629 001.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.3378 of 2024 15.02.2024