Anburaja.K v. The District Collector / Inspector Of Panchayats
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR and W.M.P(MD)No.7521 of 2022 K.Anburaja ... Petitioner vs.
1.The District Collector/Inspector of Panchayats, Pudukkottai District, Pudukkottai.
2.The Assistant Director of Panchayats, Pudukkottai District, Pudukkottai.
3.The Block Development Officer (Village Panchayats), Arimalam Block, Pudukkottai District.
4.PL.Rajamanickam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to take appropriate action as against the 4th respondent by disqualifying him from holding the post of the President of Ayingudi Village Panchayat, Thirumayam Taluk, Pudukkottai District, as per the Tamil Nadu Panchayats Act, 1994, based on the petitioner's representation dated 16.05.2022 made to the 1st respondent.
For Petitioner : Mr.K.Kannan For R1 and R2 : Mr.S.Shaji Bino Special Government Pleader For R3 : Mr.M.Senthil Ayyanar Government Advocate For R4 : Mr.C.Gangai Amaran
O R D E R
************* The petitioner is the Vice President of the Ayingudi Village Panchayat, Thirumayam Taluk, Pudukkottai District. The 4th 1/3
respondent was the elected President of the said Panchayat. Since he was arrested in relation to a criminal case sometime in January 2022, the petitioner has been put in-charge of the President in the capacity as a Vice President and he has been doing the panchayat work.
2.
While that being so, the petitioner has given a detailed request cum representation to the 1st respondent / District Collector, stating that there are about 23 Lakhs of money in MGNREGS Scheme has been swindled by the said President i.e., the 4th respondent, for which, the petitioner seems to have collected evidence. Therefore, on that basis, he wanted action to be taken against the 4th respondent, for which, the said representation dated 23.01.2022 has been given to the District Collector. Since the same has not been considered, he has approached this Court by filing the present writ petition.
3.
Heard Mr.K.Kannan, learned counsel for the petitioner and Mr.S.Shaji Bino, learned Special Government Pleader appearing for the respondents 1 and 2 and Mr.M.Senthil Ayyanar, learned Government Advocate for the 3rd respondent who submitted that the Block Development Officer of Arimalam Panchayat Union, by her proceedings dated 02.05.2022, has sent a communication to the 1st respondent/District Collector, Pudukkottai, stating that since the 4th respondent has come out on bail, he seeks the President in-charge shall be given to him. Therefore, his request is forwarded through the letter of the Block Development Officer concerned dated 02.05.2022 which is also pending before the District Collector for consideration.
4.
I have considered the submissions made by the either side. 5.
In view of the aforestated, the request of the petitioner and other members made to the 1st respondent / District Collector dated 23.01.2022 shall be considered and decided in accordance with law, especially, under the provisions of the Tamil Nadu Panchayats Act, 1994, at the earliest.
6.
With this direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Vacation Officer/ Assistant Registrar // True Copy // 28/05/2022 Sub Assistant Registrar(CS) 2/3
bala/smn2 To 1.The District Collector/Inspector of Panchayats, Pudukkottai District, Pudukkottai.
2.The Assistant Director of Panchayats, Pudukkottai District, Pudukkottai.
3.The Block Development Officer (Village Panchayats), Arimalam Block, Pudukkottai District.
ORDER MADE IN 27.05.2022 tp(CO) TR(28.05.2022) 3P 4C 3/3