Sasikumar v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.3196 of 2023 1.Sasikumar 2.K.Krishnaveni 3.M.Vijaya ... Petitioners Vs.

1.The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai.

2.The Director, Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai 600 015.

3.The District Collector, Thanjavur District, Thanjavur.

4.The Assistant Director of Panchayat, Thanjavur District, Thanjavur.

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5.The Commissioner, Tiruvidaimarudur Panchayat Union, Tiruvidaimarudur, Thanjavur District.

6.The President, Sooriyanarkoil Village Panchayat, Tiruvidaimarudur Taluk, Thanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 5 to take action against the sixth respondent for conducting Village Panchayat Meeting against the provisions of the Tamil Nadu Panchayats (Quorum and Procedure for the Convening and Conduct of Meetings of Village Panchayat) Rules, 1999 and further, direct the respondents 1 to 3 to conduct proper auditing towards the expenditure made by the sixth respondent for the financial years 2020-2021 to till date.

For Petitioners : Mr.R.Murali For Respondents : Mr.M.Lingadurai Special Government Pleader for R1 to R4 : Mr.N.Ramesh Arumugam Government Advocate for R5

ORDER

Heard the learned counsel on either side.

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2. The petitioners are the ward members of Sooriyanarkoil Village Panchayat. Their grievance is that the sixth respondent conducted village panchayat meetings without proper quorum. They have given a petition before the third respondent.

3. The third respondent is directed to look into the petitioner's complaint and pass final orders on merits and in accordance with law. The third respondent will put the sixth respondent as well as other interested persons on notice before passing the final order. I make it clear that I have not gone into the merits of the matter. It is for the third respondent to pass order one way or other. In any event, the entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

21.02.2023 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

rmi To 1.The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai.

2.The Director, Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai 600 015.

3.The District Collector, Thanjavur District, Thanjavur.

4.The Assistant Director of Panchayat, Thanjavur District, Thanjavur.

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