L. Roslin Mercy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE L.Roslin Mercy ... Petitioner Vs.

1.The District Collector, O/o. District Collectorate, Tirunelveli.

2.The Tahsildar, Palayamkottai, Tirunelveli District.

3.The Block Development Officer, Palayamkottai Union, Palayamkottai Taluk, Tirunelveli District.

4.S.Vellammal

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 03.10.2024 to take appropriate action including the initiation 1/5

of disqualification proceedings as against the 4th respondent for causing loss to the exchequer of the Nochikulam Village Panchayat and to launch criminal investigation for swindling the Government money illegally and pass orders within a time that may be stipulated by this Court. For Petitioner : Mr.M.Mahaboob Fazil, for M/s.Roy and Roy Associates For R1 & R2 : Mr.P.Thilak Kumar, Government Pleader For R3 : No Appearance For R4 : Mr.K.Vinoharan

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present Writ Petition is to direct the 1st respondent to consider the petitioner's representation dated 03.10.2024 to take appropriate action, including initiation of disqualification proceedings as against the 4th respondent for causing loss to the exchequer of the Nochikulam Village Panchayat and to launch criminal investigation for swindling the Government money illegally and pass orders within a time that may be stipulated by this Court. 2/5

2.The learned counsel appearing for the petitioner would submit that the 4th respondent is the President of Nochikulam Village Panchayat, Palayamkottai Taluk, Tirunelveli District. The petitioner has submitted a complaint to the 1st respondent / District Collector, regarding the illegalities and financial irregularities committed by the 4th respondent and about misappropriation of funds of the Panchayat. Since no action has been taken, the present Writ Petition came to be instituted.

3.Under the provisions of the Tamil Nadu Panchayats Act, 1994, the District Collector / Inspector of Panchayats is duty bound to initiate appropriate action on receipt of any complaint regarding the illegalities, financial irregularities etc. In view of the statutory obligations cast upon the District Collector, this Court is inclined to direct the 1st respondent / District Collector to initiate all appropriate action on the complaint given by the petitioner on 03.10.2024 and if necessary, conduct appropriate enquiry by following the procedures as contemplated under the Acts and Rules. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. 3/5

4.With the above direction, this Writ Petition is disposed of. No costs. (S.M.S., J.) & (A.D.M.C., J.) 05.06.2025 NCC : Yes / No Index : Yes / No Yuva To:- 1.The District Collector, O/o. District Collectorate, Tirunelveli.

2.The Tahsildar, Palayamkottai, Tirunelveli District.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 05.06.2025 5/5