Jeyraman .M v. The Assistant Director (Panchayt)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.Jeyaraman ... Petitioner Vs.

1.The Assistant Director (Panchayat), Sivagangai.

2.The Block Development Officer (V.P), Sivagangai Panchayat Union, Sivagangai.

3.The District Collector, O/o. the District Collector, Sivagangai.

4.Mr.B.Mahendran - President, Kottakudi - Keelpathi Group, Sivagangai.

5.Mr.Manikandan - Secretary, Kottakudi - Keelpathi Group, Sivagangai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st to 3rd Respondents to make enquiry and further appropriate action based on the outcome of the enquiry, by considering the representation of the Petitioner dated 23.08.2021 to the 1st Respondent.

For Petitioner : Mr.M.Ganesan For Respondent Nos.1 : Mr.M.Siddharthan and 3 Additional Government Pleader For Respondent No.2 : Mr.Sarangen For Respondent No.4 : Mr.Prabhu Rajadurai

O R D E R

(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing Respondent Nos.1 to 3 to conduct an enquiry and to take appropriate action based on the outcome of the enquiry, by considering his representation, dated 23.08.2021, to the 1st Respondent.

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2.Mr.M.Siddharthan, learned Additional Government Pleader, accepts notice on behalf of respondent Nos.1 and 3, Mr.Sarangan, learned Standing Counsel, accepts notice on behalf of respondent No.2 and Mr.Prabhu Raja Durai, learned counsel, accepts notice on behalf of respondent No.4. In view of the order, we propose to pass in this Writ Petition, protecting the interest of the fifth respondent also, notice to fifth respondent is dispensed with. 3.By consent of both sides, this Writ Petition itself is taken up for final disposal at the time of admission. 4.According to the learned counsel for the petitioner, the petitioner has submitted a representation, dated 23.08.2021 to the first respondent, but, the said representation is yet to be disposed of by the first respondent.

However, the learned counsel submitted that it would suffice, if the representation, dated 23.08.2021, made by the petitioner is directed to be considered, on merits. 5.Mr.M.Siddharthan, learned Additional Government Pleader appearing for respondent Nos.1 and 3, submitted that the third respondent may be directed to consider the petitioner's representation dated 23.08.2021 and pass orders in accordance with law.

6.Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, this Court directs the third respondent to consider the petitioner's representation, dated 23.08.2021, and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and respondent Nos.4 and 5, within a period of six weeks from the date of receipt of a copy of this order. 7.The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sj Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To 1.The Assistant Director (Panchayat), Sivagangai.

2.The Block Development Officer (V.P), Sivagangai Panchayat Union, Sivagangai.

3.The District Collector, O/o. the District Collector, Sivagangai.

+1 CC to M/s.SPL GP ( SR-39470[F] dated 20/12/2021 17.12.2021 SAR(CO) KB(31.12.2021) 3P 5C 3/3