Parthasarathy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Parthasarathy ... Petitioner Vs.

The District Collector, Office of the District Collector, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to take appropriate action under Section 205 of the Tamil Nadu Village Panchayat Act to perform the duty of village administration of village panchayat of Puganur by considering the petitioner's representation dated 08.01.2024 within the time stipulated by this Court. For Petitioner : Mr.J.Vishnu For Respondent : Mr.V.Nirmal Kumar Government Advocate 1/4

ORDER

Heard both sides.

2.The petitioner is a resident of Punganur Village Panchayat. The petitioner alleges that the Panchayat President is involved in a criminal case. He wants the District Collector to take action. The petitioner has given a representation on 08.01.2024. Since it was not acted upon, the present writ petition came to be filed.

3.When the matter was taken up for hearing, the learned Government Advocate submitted that taking into account the facts and circumstances of the case, the District Collector has taken action in the matter. The cheque signing power of the Panchayat President has been taken away on 26.07.2023.

3.The petitioner is not a ward member. He has not mobilised the members on his side as contemplated by the statute. 2/4

4.In such matters, this Court will not justified in giving any positive direction. Of course, the Inspector of Panchayat can take action on his own motion. This is a call in which he must take. The issue is left to the discretion of the District Collector. The writ Court will not give any direction in the matter.

5.With these observations, this writ petition is disposed of. There shall be no order as to costs.

22.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To The District Collector, Office of the District Collector, Trichy District.

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G.R.SWAMINATHAN, J.

MGA 22.02.2024 4/4