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Madras High CourtWP(MD)/24472/2016allowed

A.Ramachandran, v. The Govt. Of Tamil Nadu

2016-12-21Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.24472 of 2016 and W.M.P(MD)No.17663 of 2016 A.Ramachandran ..Petitioner Vs.

1.The Government of Tamil Nadu rep. by its Secretary to Government, Secretariat, Chennai - 600 009.

2.The Director, Panagal Building, Saidapet, Chennai - 600 0015. 3.The District Collector and Inspector of Panchayats, Dindigul District, Dindigul.

4.The Assistant Director of Village Panchayats, Dindigul District, Velunatchiar Campus, Dindigul.

5.The Block Development Officer (Village Panchayats), Nilakkottai Panchayat Union, Nilakkottai, Dindigul District.

6.Thiru.Muniyandi, BDO (Village Panchayats), Nilakkottai Panchayat Union and the Special Officer, Silukkuvarpatti Village Panchayat, Silukkuvarpatti, Nilakkottai Taluk, Dindigul District.

..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first to fourth respondents to consider the petitioner's representation dated 21.11.2016, conduct enquiry and take action against the sixth respondent for the irregularities and misappropriation of fund of Silukkuvarpatti, Ethilodu Kullalakundu and Panchamalayankottai Village Panchayats and make good the loss caused to the Panchayats within a time limit to be fixed by this Court.

For Petitioner : Mr.R.M.Makesh Kumaravel For Respondents 1 to 4 : Mr.M.Govindan, Special Government Pleader.

For Respondent No.5 : Mr.T.R.Janardhanan, Special Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 4 to consider the representation dated 21.11.2016, wherein certain allegations have been made against the sixth respondent by way of issuing a writ of mandamus.

2.It is averred in the petition that the sixth respondent has done some irregularities and also misappropriation of funds. Under the said circumstances the petitioner has given a representation dated 21.11.2016. But the respondents 1 to 4 have not at all considered the same and therefore the present writ petition has been filed for getting the relief sought therein. 3.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 to 4 and Mr.T.R.Janardhanan, learned Special Government Pleader, has taken notice for the fifth respondent.

4.The learned counsel appearing for the petitioner has advanced his argument only on the basis of averments made in the petition.

5.The main contention putforth on the side of the petitioner is that with regard to irregularities and misappropriation of funds alleged to have been done by the sixth respondent, a representation dated 21.11.2016 has been given, but the respondents 1 to 4 have not at all considered the same. 6.Considering the nature of the relief sought in the writ petition, the following direction can be issued to the respondents 1 to 4.

7.In fine, this writ petition is allowed without costs and the respondents 1 to 4 are strictly directed to look into the representation dated 21.11.2016 and after giving necessary opportunity to the concerned persons dispose of the same on merits within a period of one month.

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar(CS) To 1.The Secretary to Government, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2.The Director, Panagal Building, Saidapet, Chennai - 600 0015. 3.The District Collector and Inspector of Panchayats, Dindigul District, Dindigul.

4.The Assistant Director of Village Panchayats, Dindigul District, Velunatchiar Campus, Dindigul.

5.The Block Development Officer (Village Panchayats), Nilakkottai Panchayat Union, Nilakkottai, Dindigul District.

+1cc to Mr.R.M.Makesh Kumaravel, Advocate in SR.82461 +1cc to the Special Government Pleader in SR.82962 W.P(MD)No.24472 of 2016 and W.M.P(MD)No.17663 of 2016 smn PBK/KM/SAR-II 04.01.2017 ::3P-8C: