Periyamuthu v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P(MD)No.8135 of 2021 Periyamuthu ... Petitioner vs.
1.The District Collector, Madurai District, Madurai.
2.The Assistant Director of Panchayat, Madurai.
3.The Block Development Officer, Thenur, Madurai District.
4.Thenur Panchayat, Rep. by its President, Thenur, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the fourth respondent to grant salary to the petitioner from February 2020 to till date as per his representations, dated 10.03.2020 and 15.03.2021.
For Petitioner : Ms.J.Anandhavalli For RR 1 & 3 : Mr.K.S.Selva Ganesan Government Advocate
ORDER
The petitioner has filed the present Writ Petition, to direct the fourth respondent to grant salary to the petitioner from February 2020 to till date, as per his representations, dated 10.03.2020 and 15.03.2021.
2.Mr.K.S.Selva Ganesan, learned Government Advocate takes notice for the respondents 1 to 3.
3.According to the petitioner, he was appointed as a Over Head Tank Operator in the fourth respondent Panchayat on 1/3
01.11.2011. Due to dispute between the petitioner and the President of the fourth respondent Panchayat in the election for the post of President, the President of the fourth respondent Panchayat is creating problem and is not paying salary to the petitioner from March, 2020. The petitioner has given representations, dated 10.03.2020 and 15.03.2021, to the first respondent. The same have not been considered so far. Hence, the petitioner has come forward with the present Writ Petition. 4.Heard the learned counsel appearing of the petitioner and the learned Government Advocate appearing for the respondents 1 to 3.
5.From the materials available on record, it is seen that the petitioner has given number of representations for payment of his salary. The second respondent by proceedings, dated 20.03.2020, directed the third respondent to conduct enquiry and take action to pay the payment of salary to the petitioner. According to the petitioner, the third respondent has conducted enquiry, but no further action was taken subsequently. The second respondent again by proceedings, dated 11.05.2021, directed the third respondent to conduct an enquiry and take action for payment of salary to the petitioner.
6.In view of such direction by the second respondent, dated 11.05.2021, the third respondent is directed to conduct enquiry on the representation given by the petitioner forthwith and the respondents are directed to take action for payment of salary to the petitioner from March 2020, within a period of six weeks from the date of receipt of a copy of this order.
7.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ps 2/3
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 1.The District Collector, Madurai District, Madurai.
2.The Assistant Director of Panchayat, Madurai.
3.The Block Development Officer, Thenur, Madurai District.
4.The President, Thenur Panchayat, Thenur, Madurai District.
+1 CC to M/s.J.ANANDHAVLLI, Advocate ( SR-20006[F] dated 23/06/2021 ) +1 CC to SPL GP ( SR-20173[F] dated 24/06/2021 ) 23.06.2021 KM(30.06.2021) 3P 7C 3/3