Madras High CourtWP(MD)/13504/2020disposed of

N. Suresh v. The Dist. Collector

2023-10-04Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.11266 of 2020 N.Suresh .. Petitioner

Versus

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Block Development Officer (Panchayats), Munchirai Panchayat Union, Puthukadai Post, Kanyakumari District.

3.Vijayarani, President, Painkulam Village Panchayat, Munichirai Panchayat Union, Kanyakumari District.

4.Krishnaraj, S/o.Thangaiyan 5.Krishnadoss, Panchayat Secretary, Painkulam Village Panchayat, Munchirai Panchayat Union, Kanyakumari District.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to conduct 1/4

a special audit in Painkulam Village Panchayat, Munchirai Panchayat Union, Kanyakumari District and to take action against the respondents 3 to 5 under the Tamil Nadu Panchayat Act and Criminal Law for their willful omission and commission of the Panchayat Fund.

For Petitioner :

Mr.R.Mathiyalagan For R1 :

Mr.R.Ragavendran Government Advocate For R2 :

Mr.M.Murugan For R3 to R5 ;

Mr.V.H.S.Prathap

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first respondent to conduct a special audit in Painkulam Village Panchayat, Munchirai Panchayat Union, Kanyakumari District and to take action against the respondents 3 to 5.

2. The petitioner is the elected Councillor of 11th Ward in Painkulam Village Panchayat, Munchirai Panchayat Union, Kanyakumari District. According to the petitioner, the respondents 3 to 5 were misusing their position and were not conducting the Panchayat in a proper manner. That apart, the funds that were allotted to the Panchayat is being misused. In view of the same, the petitioner made a representation to the first respondent seeking for conducting special audit in the Village Panchayat and to take action against the respondents 3 to 5.

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3. When the matter was taken up for hearing today, the learned counsel appearing for the respondents 3 to 5 produced a copy of the special audit report pertaining to the special audit that was conducted on the directions given by the first respondent and a copy of the same was also handed over to the learned counsel for the petitioner. If the petitioner is not satisfied with the audit conducted and is aggrieved by the same, it is left open to him to work out his remedy in the manner known to law.

4. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 04.10.2023 Index : Yes/No smn2 To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Block Development Officer (Panchayats), Munchirai Panchayat Union, Puthukadai Post, Kanyakumari District.

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N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.13504 of 2020 and W.M.P.(MD)No.11266 of 2020 04.10.2023 4/4