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Madras High CourtWP(MD)/22182/2022disposed of

Mariyammal.R v. The District Collector

2023-01-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Mariammal ... Petitioner Vs 1.The District Collector, Tenkasi District, Tenkasi.

2.The Assistant Director of Panchayat, Tenkasi District, Tenkasi.

3.The Block Development Officer, Sankarankovil Panchayat Union, Tenkasi District.

4.Perumalpatti Panchayat, Represented by its President, Kuruvammal, Sankarankovil Taluk, Tenkasi District.

5.Seeniammal (R.5 is suo motu impleaded vide order of this Court dated 14.10.2022 in W.M.P(MD)No.17646 of 2022) ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 to complete the enquiry against the fourth respondent initiated vide proceeding in Na.Ka.No.A6/1758/2022(2) dated 11.07.2022 within stipuated time fixed by this Court.

For Petitioner : Mr.S.Anwar Sameem For Respondents : Mr.A.K.Manickkam Special Government Pleader for R.1 & R.2 Mr.R.Raghavendran Government Advocate for R.3 Mr.K.Prabhu for R.4

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Special Government Pleader appearing for the respondents 1 and 2, the learned Government Advocate appearing for the third respondent and the learned counsel appearing for the fourth respondent.

2.The writ petitioner is the Vice President of the Perumalpatti Panchayat, Sankarankovil, Tenkasi District. The allegation of the writ petitioner is that her signature was forged by the President as well as the Panchayat Secretary and funds were misappropriated. The petitioner lodged a complaint. The third 2/4

respondent has since completed her enquiry. The report is on the file of the first respondent. The first respondent has to necessarily take action. The first respondent is directed to take action on the third respondent report dated 30.08.2022 within a period of eight weeks from the date of receipt of a copy of this order. The first respondent would of course have regard to the principles of natural justice as well as the provisions of Tamil Nadu Panchayats Act, 1994 before taking final action.

3.This writ petition is disposed of on these terms. There shall be no order as to costs.

24.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Assistant Director of Panchayat, Tenkasi District, Tenkasi.

3.The Block Development Officer, Sankarankovil Panchayat Union, Tenkasi District.

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G.R.SWAMINATHAN, J.

MGA 24.01.2023 4/4