R.Chandrasekaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P(MD)No.10313 of 2024 R.Chandrasekaran ... Petitioner vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Block Development Officer (VP), Sankarankovil Panchayat Union, Tenkasi District.

3.The President, Paruvakudi Village Panchayat, Sankarankovil Panchayat Union, Tenkasi District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 17.01.2024 and thereby direct the respondents 1 and 2 to take necessary action upon the complaint made by the petitioner against the President of Paruvakudi Village 1/6

Panchayat, Sankarankovil Panchayat Union, Tenkasi District within the time limit that may be stipulated by this Court.

For Petitioner : Mr.A.Karthik For Respondents : Mr.P.Thilak Kumar Government Pleader for R.1 & R.2

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for herein is for a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 17.01.2024 and thereby direct the respondents 1 and 2 to take necessary action upon the complaint made by the petitioner against the President of Paruvakudi Village Panchayat, Sankarankovil Panchayat Union, Tenkasi District within the time stipulated by this Court. 2.Against the third respondent, a detailed complaint-cumrepresentation had been given by the petitioner, who is the Villager of the third respondent Panchayat, on 17.01.2024 to the first respondent/the District Collector, who is the Inspector of Panchayat. In order to consider the same, the present Writ Petition has been filed with the aforesaid prayer. 2/6

3.Heard Mr.A.Karthik, learned counsel appearing for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1 and 2. In view of the order that is proposed to be passed in this Writ Petition, notice to the third respondent is hereby dispensed with. 4.A complaint by way of representation since has been given by the petitioner against the third respondent on 17.01.2024 to the first respondent he being the Inspector of Panchayat, has to consider the same and to pass necessary orders, of course, after giving an opportunity of being heard to the third respondent within a time frame on merits. Without deciding the same, keeping the said representation for months together may justify the action on the part of the petitioner to approach this Court to seek for a Writ of Mandamus.

5.In view of the aforestated, we are inclined to dispose of this Writ Petition with the following order:

That there shall be a direction to the first respondent to consider the representation of the 3/6

petitioner, dated 17.01.2024 and pass necessary orders thereon, on merits and in accordance with law, of course, after giving an opportunity of being heard to the third respondent by giving notice to him as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order. 6.With this direction, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[R.S.K.,J.] [G.A.M.,J.] 04.06.2024 NCC : Yes / No Index : Yes / No ps 4/6

To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Block Development Officer (VP), Sankarankovil Panchayat Union, Tenkasi District.

3.The President, Paruvakudi Village Panchayat, Sankarankovil Panchayat Union, Tenkasi District.

5/6

R.SURESH KUMAR ,J.

and G.ARUL MURUGAN,J.

ps ORDER MADE IN DATED : 04.06.2024 6/6