Muthupandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Muthupandi : Petitioner Vs.

1.The District Collector, 2.The Project Director, The District Rural Development Agency, Collectorate, 3.The District Grievance Redressal Officer, MGNREGS and PMAY-G, District Rural Developing Agency, 4.The Assistant Director of Panchayat, Dindigul District, 1/6

5.The Block Development Officer, (Village Panchayat), Athur Panchayat Union, 6.The President, Devarappanpatti Panchayat, Athur Taluk, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first and second respondents to take appropriate action against the sixth respondent and other erring officials on the recommendation of the third respondent, by his report in Na.Ka.Na.MGNERS dated 27.12.2023.

For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.P.Thilak Kumar Government Pleader

O R D E R

************ [Order of the Court was made by R.SURESH KUMAR, J.] The petitioner had given some complaints regarding the alleged misappropriation of the fund of the Panchayat office of the 2/6

sixth respondent Panchayat, against the sixth respondent before the ombudsman on 07.10.2023. The said Ombudsman by proceedings dated 12.10.2023, for want of jurisdiction has forwarded the same to the first respondent / District Collector, who is the Inspector of Panchayats for taking appropriate action. Thereafter, the first respondent / District Collector, since has not taken any action, the petitioner has filed the present Writ Petition. 2.Mr.P.Thilak Kumar, learned Government Pleader accepts notice for all the respondents.

3.Learned Government Pleader would submit that, if the said complaint given to the Ombudsman is forwarded as per the letter of the Ombudsman dated 12.10.2023, to the first respondent / District Collector, it would be considered and decided on merits, of course after hearing both the petitioner as well as the sixth respondent and the same would be decided on merits and in accordance with law.

4.Considering the said submissions made by both sides, especially, the stand taken by the learned Government Pleader, this Court is inclined to pass the following order: "that there shall be a direction to the first respondent / District Collector, to consider the 3/6

representation submitted by the petitioner dated 07.10.2023 as forwarded by the Ombudsman by his proceedings dated 12.10.2023 and decide the same on merits and in accordance with law, of course after giving an opportunity of hearing to the petitioner as well as sixth respondent as early as possible."

5.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. [R.S.K.,J.] & [G.A.M.,J.] 10.04.2024 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The District Collector, 2.The Project Director, The District Rural Development Agency, Collectorate, 3.The District Grievance Redressal Officer, MGNREGS and PMAY-G, District Rural Developing Agency, 4.The Assistant Director of Panchayat, Dindigul District, 5.The Block Development Officer, (Village Panchayat), Athur Panchayat Union, 6.The President, Devarappanpatti Panchayat, Athur Taluk, 5/6

R.SURESH KUMAR, J.

and G.ARUL MURUGAN, J.

MR ORDER MADE IN 10.04.2024 6/6