Madras High CourtWP(MD)/15017/2022disposed of

Angammal. R v. The District Collector

2022-07-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Angammal ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Tiruchirapalli District.

2.The Assistant Director, The Department Rural Development and Panchayat Raj, Trichy.

3.The Block Development Officer, Marungapurai Union, Tiruchirapalli District.

4.The Tahsildar, Marungapurai, Tiruchirapalli District.

5.The President, Nallur Panchayat, Marungapurai Union, Tiruchirapalli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 4 to take action against the 5th respondent based on the representation of the petitioner dated 20.06.2022.

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For Petitioner : Mr.Ramsundarvijayaraj For Respondents : Mr.G.Sivaraja, Government Advocate.

ORDER

Heard the learned counsel on either side.

2.The petitioner is an elected ward member. Nallur village panchayat has totally six members. The petitioner wants the panchayat president to be removed. The petitioner had not mobilized the prescribed numbers. Therefore, I am not in a position to grant the relief sought for. It is of course open to the first respondent to act on his own motion. But then, this Court will not be justified in issuing a Writ of Mandamus. It is left entirely to the discretion of the first respondent to take note of the allegations made by the writ petitioner and it is for the first respondent to decide whether to take action under Section 205 of the Tamil Nadu Panchayats Act, 1994 or not. 3.The writ petition is disposed of accordingly. No costs. 19.07.2022 Index : Yes / No Internet : Yes/ No ias 2/4

To:

1.The District Collector, Office of the District Collector, Tiruchirapalli District.

2.The Assistant Director, The Department Rural Development and Panchayat Raj, Trichy.

3.The Block Development Officer, Marungapurai Union, Tiruchirapalli District.

4.The Tahsildar, Marungapurai, Tiruchirapalli District.

5.The President, Nallur Panchayat, Marungapurai Union, Tiruchirapalli District.

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G.R.SWAMINATHAN, J.

ias 19.07.2022 4/4