Swami Velmurugan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2024 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Swami Velmurugan ... Petitioner vs.
1. The District Collector, Madurai District, Madurai.
2. The Assistant Director, Village Panchayat, Collectrate Campus, Madurai.
3. The Block Development Officer, Village Panchayats, Usilampatti Panchayat Union, Madurai.
4. The Assistant Engineer, Tangedco, Usilampatti, Madurai.
5. Balamuruga Maharaja, The President, Thottapanayakanur Village Panchayat, Usilampatti, Madurai.
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6. M.Ravikumar ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.1 herein to take necessary action against 5th respondent for misappropriation of village panchayat funds and abusing his powers as president and created fake property tax receipt, building completion certificate in favour of 6th respondent to grab government poromboke land in Thottapanaickanur village considering petitioner's representation dated 09.04.2024 within stipulated time fixed by this Hon'ble Court.
For Petitioner : Ms.A.Banumathy For R1 to R3 : Mr.P.Thilakkumar, Government Pleader For R4 : Mr.S.Deenadhayalan
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner has given a complaint against the 5th respondent, being the President of the Village Panchayat, to the 1st respondent, being the Inspector of Panchayats, on 09.04.2024. The said complaint cum representation since has not been acted upon and no action seems to have been taken by the 1st respondent, the petitioner has approached this Court, by filing the present writ petition. Page No.2 of 5
2.
Heard the learned counsel appearing for the petitioner, learned Government Pleader appearing for the respondents 1 to 3 and the learned counsel appearing for the 4th respondent. In view of the order that is going to be passed in this writ petition, notice to the respondents 5 and 6 is hereby dispensed with.
3.
Since the 1st respondent being the Inspector of Panchayats under the provisions of the Tamil Nadu Panchayats Act, 1994, if any such complaint or representation comes against the Village Panchayat President, that has to be dealt with by the District Collector being the Inspector of Panchayats under the provisions of the said Act. Therefore, in this case also, the representation or complaint given by the petitioner dated 09.04.2024, against the 5th respondent, is to be considered only by the 1st respondent. In that view of the matter, this Court is inclined to dispose of the writ petition with the following order:
That, there shall be a direction to the 1st respondent to consider the representation of the petitioner dated 09.04.2024 and after giving an opportunity of being heard to the respondents 5 and 6, decide the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
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4.
With this direction, the Writ Petition is disposed of. No costs. (R.S.K., J.) (G.A.M., J.) 25.06.2024 Index : Yes / No : Yes / No bala To
1. The District Collector, Madurai District, Madurai.
2. The Assistant Director, Village Panchayat, Collectrate Campus, Madurai.
3. The Block Development Officer, Village Panchayats, Usilampatti Panchayat Union, Madurai.
4. The Assistant Engineer, Tangedco, Usilampatti, Madurai.
5. Balamuruga Maharaja, The President, Thottapanayakanur Village Panchayat, Usilampatti, Madurai.
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R.SURESH KUMAR, J.
and G.ARUL MURUGAN, J.
bala 25.06.2024 Page No.5 of 5