Kamala.P v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR and WMP.(MD).No.12984 of 2021 P.Kamala ... Petitioner Vs.
1.The Principal Secretary, Rural Development and Panchayat Raj Department, State of Tamil Nadu, Fort St George, Chennai 600 009.
2.The Commissioner, Directorate of Rural Development and Panchayath Raj, Panangal Maligai, Saidapet, Chennai 600 015.
3.The District Collector, District Collectorate, Ramanathapuram.
4.The Assistant Director (Panchayath Raj), Office of the Assistant Director (Panchayath Raj), Collector Office Complex, Ramanathapuram.
5.The Block Developmental Officer, Office of the BDO, Mudukulathur, Ramanathapuram District.
6.Mr.Ragupathi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondent nos.1 to 5 to take immediate action for deputing 'New Panchayath Clerk' for 'Semponkudi Panchayath' and to take legal action on the current Panchayath Clerk by name 'Ragupathi' as per the 'Panchayath Resolution', Semponkudi' dated 16.08.2021 in the interest of justice and direct the Respondent nos.1 to 5 to take action to release funds for 'Semponkudi Village' to disburse salary for the workers of the Semponkudi Panchayath in accordance with law. For Petitioner :
Mr.R. Alagumani For Respondents :
Mr. A.K. Manikkam Counsel for State For R1 to R5 1/3
O R D E R
This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondent nos.1 to 5 to take immediate action for deputing 'New Panchayath Clerk' for 'Semponkudi Panchayath' and to take legal action on the current Panchayath Clerk by name 'Ragupathi' as per the 'Panchayath Resolution', Semponkudi' dated 16.08.2021 in the interest of justice and direct the Respondent nos.1 to 5 to take action to release funds for 'Semponkudi Village' to disburse salary for the workers of the Semponkudi Panchayath in accordance with law.
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent.
3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
4. According to the petitioner, the petitioner has made a representation on 31.08.2021 levelling allegations against the Panchayat Clerk, Semponkudi Panchayat.
However, the said representation is still pending and no orders have been passed so far.
5. Considering the limited scope of the prayer, without expressing any opinion on merits, this Court is inclined to direct the District Collector, third respondent to consider the petitioner's representation dated 31.08.2021 on its own merits and in accordance with law and pass orders, after giving opportunity to the aggrieved party, as expeditiously as possible within a period of 12 weeks from the date of receipt of a copy of the order.
6. With the above direction, the Writ Petition is disposed of. No costs. Consequently, Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr To 1.The Principal Secretary, Rural Development and Panchayat Raj Department, State of Tamil Nadu, Fort St George, Chennai 600 009.
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2.The Commissioner, Directorate of Rural Development and Panchayath Raj, Panangal Maligai, Saidapet, Chennai 600 015.
3.The District Collector, District Collectorate, Ramanathapuram.
4.The Assistant Director (Panchayath Raj), Office of the Assistant Director (Panchayath Raj), Collector Office Complex, Ramanathapuram.
5.The Block Developmental Officer, Office of the BDO, Mudukulathur, Ramanathapuram District.
+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-28650[F] dated 09/09/2021 ) and WMP.(MD).No.12984 of 2021 08.09.2021 RD(24.09.2021) 3P 7C 3/3