Madras High CourtWP(MD)/8102/2021disposed of

Udhayakumar.V v. The Director

2021-04-20Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.8102 of 2021 V.Udhayakumar .. Petitioner Vs

1. The Director, The Directorate of Rural Development and Panchayat Raj, Panagal Maligai, Chennai - 600 015.

2. The District Collector, Virudhunagar District, Virudhunagar.

3. The Assistant Director (Panchayats), Virudhunagar Collectorate, Sattur Road, Virudhunagar, Virudhunagar District.

4. The Block Development Officer, Narikudi Panchayat Union, Narikudi, Virudhunagar District.

5. The President, Andiyenthal Panchayat, Thiruchuzhi Taluk, Virudhunagar District.

6. The Panchayat Secretary, Andiyenthal Panchayat, Thiruchuzhi Taluk, Virudhunagar District.

... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, to direct the respondents 1 to 4 to conduct proper enquiry and to take appropriate action as against the misappropriation committed by the respondents 5 and 6 in

the Andiyendhal Panchayat based on the petitioner's representation dated 31.12.2020 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.S.Jeyakarthik For respondents : Mr.K.Mu.Muthu, Additional Government Pleader, for R1 to R3 Mr.J.Gunaseelan Muthiah, Additional Government Pleader for R4

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] The writ petitioner seeks for a writ of Mandamus, to direct the respondents 1 to 4 to conduct proper enquiry and take appropriate action as against the misappropriation committed by the respondents 5 and 6 in the Andiyendhal Panchayat, based on the petitioner's representation, dated 31.12.2020.

2. Since we are disposing of the writ petition without notice to the respondents 5 and 6, we are not inclined to issue positive direction. However, taking note of the fact that the representation given by the petitioner had been forwarded by the Commissioner of Rural Development and Panchayat Raj to the District Collector, Virudhunagar District, for appropriate action, by proceedings, dated 05.01.2021, it is appropriate to direct the District Collector to cause an enquiry and proceed with the matter in accordance with law, after notice to the respondents 5 and 6.

3. In the light of the same, the writ petition stands disposed of, by directing the second respondent-District Collector to look into the matter and proceed in accordance with law, as expeditiously as possible, preferrably within a period of four months from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS)

pkn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To: