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Madras High CourtWP(MD)/11805/2021dismissed

Manoharan.C v. The District Collector/Inspector Of Panchayat

2021-07-15Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD) No.11805 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.11805 of 2021 C.Manoharan ... Petitioner Vs

1. The District Collector/Inspector of Panchayat, Karur District, Karur.

2. The President, Sembinathan Panchayat, Kadavoor Taluk, Karur District.

... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the first respondent to conduct the enquiry against the second respondent based on the petitioner's representation dated 05.07.2021. For Petitioner : Mr.R.Shankar Ganesh for Dictum Law Firm For respondents : Mr.R.Baskaran, Standing Counsel for Government for R1 Mr.P.Subbaraj for R2

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.R.Shankar Ganesh, learned Counsel appearing for the writ petitioner; Mr.R.Baskaran, learned Government Counsel appearing for the first respondent and Mr.P.Subbaraj, learned counsel appearing for the second respondent.

2. The writ petitioner by way of this public interest litigation seeks for a direction upon the first respondent to conduct an enquiry against the second respondent, based on the petitioner's representation dated 05.07.2021. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.11805 of 2021

3. We find, neither in the representation dated 05.07.2021 nor in the affidavit filed in support of this writ petition, there is specific allegation against the second respondent. Roving enquiry cannot be ordered to be conducted by the first respondent. Furthermore, the representation was made only on 05.07.2021 and the writ petition was filed on 13.07.2021.

4. Thus, for all the above reasons, the relief sought for cannot be granted and accordingly, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn 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/Inspector of Panchayat, Karur District, Karur.

W.P.(MD) No.11805 of 2021 15.07.2021 RK (26.07.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2