Buvaneshwari.G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Buvaneshwari ... Petitioner -vs1.The District Collector, Dindigul District, Dindigul.

2.The Block Development Officer, Panchayat Union, Balakrishnapuram, Dindigul.

3.The Assistant Director of Panchayat, Dindigul Collectorate, Dindigul.

4.The Tahsildar, Dindigul East, Dindigul.

5.N.Revathi 6.Nagaraj, S/o.Durairaj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to complete the enquiry based on petitioner's representation, dated 15.06.2021, against the fifth respondent for misused their official position as the President of the second respondent Panchayat and complete the same within the period stipulated by this Court.

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For Petitioner :

Mr.P.Manikandan For R1 to R4 :

Mr.K.S.Selvaganesan Additional Government Pleader For R5 and R6 :

Mr.B.Jeyakumar

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to conduct enquiry based on the representation made by the petitioner on 15.06.2021 against the fifth respondent, on the ground that the fifth respondent had misused her official position as the President of the Panchayat and had issued house tax receipts for houses, which are not even available.

2. Heard Mr.P.Manikandan, learned counsel appearing on behalf of the petitioner, Mr.K.S.Selvaganesan, learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 and Mr.B.Jeyakumar, learned counsel appearing on behalf of the respondents 5 and 6. 2/5

3. The petitioner is the Ward Member of Balakrishnapuram Panchayat. According to the petitioner, the fifth respondent is the elected President of the Panchayat and the sixth respondent is the husband of the fifth respondent. The grievance expressed by the petitioner is that the fifth respondent is indulging in various illegal activities and hence, a complaint was given in this regard before the first respondent. Since the same was not considered, the present Writ Petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, it will suffice if a direction is issued to the first respondent to conduct an enquiry on the complaint given by the petitioner, dated 15.06.2021, and take a decision on its own merits and in accordance with law. Accordingly, there shall be a direction to the first respondent to conduct an enquiry on the complaint given by the petitioner, dated 15.06.2021 and take a decision on its own merits and in accordance with law, if the first respondent has not already taken a decision in this regard.

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5. This Writ Petition is disposed of in the above terms. No costs. NCC : Yes/No 18.10.2023 Index : Yes/No smn2 To 1.The District Collector, Dindigul District, Dindigul.

2.The Block Development Officer, Panchayat Union, Balakrishnapuram, Dindigul.

3.The Assistant Director of Panchayat, Dindigul Collectorate, Dindigul.

4.The Tahsildar, Dindigul East, Dindigul.

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N.ANAND VENKATESH, J.

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