Madras High CourtWP(MD)/15713/2019disposed of

Mercy v. The District Collector

2019-07-22Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2019

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.15713 of 2019 and W.M.P(MD) Nos.12437 and 12471 of 2019 Mercy ... Petitioner Vs.

1.The District Collector, Tirunelveli District,Tirunelveli.

2.The Superintendent of Police, Tirunelveli District,Tirunelveli.

3.The Assistant Director, Village Panchayat, Collectorate, Kokkaraikulam, Tirunelveli.

4.The Block Development Officer, Village Panchayats, O/o.Panchayat Union Office, Manoor,Tirunelveli District.

5.David ....Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the first respondent to consider the petitioner's representation dated 07.02.2018, 28.05.2018 and 29.08.2018 and further to take action against the fifth respondent and other persons who involved in fund misappropriation and fund mismanagement in the public works conducted in Kannarpatti Village, Panchayat Board, Tirunelveli District.

For Petitioner: Mr.V.Rajiv Rufus For R1 to R4 : Mrs.J.Padmavathy Devi Special Government Pleader

O R D E R

The petitioner has sought a mandamus directing the first respondent to consider her representations dated 07.02.2018, 28.05.2018 and 29.08.2018 and to take action against the first respondent and other persons, who have, according to her, indulged in misappropriation and mismanagement of office in the public works conducted in Kannarpatti Village, Panchayat Board, Tirunelveli District.

https://hcservices.ecourts.gov.in/hcservices/ 2.Initially, relief was sought for by the petitioner in W.P. (MD)No.10626 of 2019 before the Division Bench. The Bench, by order

dated, 27.04.2019 opined that a roving enquiry of the nature sought for by the petitioner would not be undertaken by the Court under Article 226 of the Constitution of India. The Bench had stated that if the petitioner had sufficient materials to establish her case, then it was open to her to file applications before the concerned court and work out her remedy in the manner known to law.

3. Mrs.J.Padmavathy Devi, learned Special Government Pleader, who has accepted notice on behalf of the respondents 1 to 3, confirms receipt of the representations dated 07.02.2018, 28.05.2018 and 29.08.2018 by the first respondent and requests that the Officer be permitted to consider and dispose the representation filed by the petitioner.

4.Thus and since the representations have been submitted as early as in February, May and August 2018, the first respondent-the District Collector, Tirunelveli District, is directed to dispose the same, after hearing the petitioner as well as the other concerned and necessary parties, including the fifth respondent, within a period of eight(8) weeks from date of receipt of a copy of this order.

5. This writ petition is disposed of in the above said terms. No costs. Consequently, connected W.M.P(MD) Nos.12437 and 12471 of 2019 are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar To 1.The District Collector,Tirunelveli District,Tirunelveli. 2.The Superintendent of Police,Tirunelveli District,Tirunelveli. 3.The Assistant Director,Village Panchayat,Collectorate,Kokkaraikulam, Tirunelveli. 4.The Block Development Officer,Village Panchayats, O/o.Panchayat Union Office,Manoor,Tirunelveli District. +1 CC to M/s.V.RAJIV RUFUS, Advocate (SR-76624[F] dated 22/07/2019) +1 CC to M/s.SPL GP, SR NOS.76902,77046 W.P(MD)No.15713 of 2019 and W.M.P(MD) Nos.12437 and 12471 of 2019 22.07.2019 CM MS/09.09.2019/2P.7C https://hcservices.ecourts.gov.in/hcservices/