Ramasamy, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.13882 of 2015 Ramasamy ..... Petitioner - Vs1. The District Collector/ Inspector of Panchayat, Thanjavur District, Thanjavur.

2. The Inspector of Police, Vigilance Anti-Corruption, Thanjavur District, Thanjavur.

3. The Assistant Director, Rural Development and Panchayats, Thanjavur District, Thanjavur.

4. The Block Development Officer, (Village Panchayat), Thiruvonam Panchayat Union, 1/6

5. Vanaroja W/o. Chandrasekar President, Pathiramkottai North Panchayat, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first and second respondents to conduct inquiry based on the application dated 18.05.2015 made by the petitioner belonged to the Pathiramkottai North Panchayat, Thiruvonam Panchayat Union, Thanjavur District. For Petitioner : Mr.D.R.Murugesan For Respondents : MrG.Siva Raja Government Advocate for R-1 and R-3) : M/s.M.Aasha Government Advocate (Crl Side) (for R-2) : No appearance (for R-4) : Mr.C.M.Arumugam (for R-5) 2/6

ORDER

The present Writ Petition has been filed seeking for a Mandamus to direct the first and second respondents to conduct inquiry based on the representation of the petitioner, dated 18.05.2015.

2. The case of the petitioner is that the 5th respondent was holding the post of President of Pathiramkottai North Panchayat, Orthanadu Taluk, Thanjavur District. During the tenure there have been some misappropriation of funds of the Panchayat. This was evidenced by the Annual Audit Report of the Panchayat for the year 2013 - 2014. Since no action has been taken, the petitioner had approached the first and second respondents by his representation to take action against the fifth respondent. Till date, no action has been initiated. Hence, the petitioner has approached this Court by way of writ petition.

3. Considering the limited relief sought for by the writ petitioner without adverting to the averments made in the affidavit in support of the Writ Petition, the first respondent is directed to consider the representation 3/6

of the petitioner dated 18.05.2015, and pass appropriate orders on merits and in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order.

4. With the above said direction, this Writ Petition is allowed. There shall be no order as to costs.

04.01.2023 NCS: Yes / No Index :

Yes / No Internet :

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To

1. The District Collector/ Inspector of Panchayat, Thanjavur District, Thanjavur.

2. The Inspector of Police, Vigilance Anti-Corruption, Thanjavur District, Thanjavur.

3. The Assistant Director, Rural Development and Panchayats, Thanjavur District, Thanjavur.

4. The Block Development Officer, (Village Panchayat), Thiruvonam Panchayat Union, 5/6

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.13882 of 2015 04.01.2023 6/6