V.Sundararaj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2024

CORAM:

THE HONOURABLE MR.D.KRISHNAKUMAR, THE ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.13325 of 2024 V.Sundararaj ... Petitioner -Vs1.The District Collector, Office of the District Collectorate, Madurai.

2.The Project Director, National Highways Authority of India, Plot No.3, Surya Towers 2nd Floor, 1st East Street, K.K.Nagar, Madurai-625020.

3.The Tahsildar, Thirupparankundram Taluk, Madurai District.

4.The Block Development Officer, Thiruparankundram Panchayat Union, Madurai District.

5.The President, Valayankulam Village Panchayat, Thiruparankundram Taluk, Madurai District.

6.The Vice President, Valayankulam Village Panchayat, Thiruparankundram Taluk, Madurai District.

7.P.Muthu Pillai 8.M.Muthuraman ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to initiate legal action based on the representation of the petitioner dated 16.11.2023 pending on the file of the 4th respondent and consequently, to direct the 1st respondent to initiate legal action as against the respondents 7 and 8.

For Petitioner : Mr.C.M.Arumugam For R1, R3 to R6 : Mr.P.Thilakkumar, Government Pleader For R2 : Mr.P.Karthick

ORDER

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] According to the petitioner, the respondents 7 and 8, who are the President and Vice President of Valayankulam Village Panchayat, with an intention to misappropriate the fund allotted to the Panchayat, dug a bore well

exactly in the four way lane, where they also installed a motor room shed. Since the same would be filled up and closed by the 2nd respondent at any point of time in future, the petitioner made several representations, lastly on 16.11.2023 to the respondents 1 to 4 to take action against the respondents 7 and 8. Since the same has not been considered so far, he has filed this Writ Petition. 2.The learned Government Pleader for the respondents 1, 3 to 6 would submit that the representation of the petitioner would be considered on merits and appropriate orders would be passed within the stipulated time to be fixed by this Court.

3.Considering the limited scope of the prayer sought for by the writ petitioner, without going into the merits of the case, we are inclined to direct the 1st respondent to consider the representation of the petitioner dated 16.11.2023 and pass appropriate orders on its own merits and in accordance with law, after providing opportunity to all the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition stands disposed of. No costs.

[D.K.K., A.C.J.] & [R.V., J.] 19.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Office of the District Collectorate, Madurai.

2.The Tahsildar, Thirupparankundram Taluk, Madurai District.

3.The Block Development Officer, Thiruparankundram Panchayat Union, Madurai District.

4.The President, Valayankulam Village Panchayat, Thiruparankundram Taluk, Madurai District.

5.The Vice President, Valayankulam Village Panchayat, Thiruparankundram Taluk, Madurai District.

D.KRISHNAKUMAR, A.C.J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.13325 of 2024 19.07.2024