Madras High CourtWP(MD)/26882/2019disposed of

Pappuraj v. The District Collector

2019-12-20Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.26882 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.26882 of 2019 Pappuraj ... Petitioner Vs.

1.The District Collector, Inspector of Panchayat, Collectorate, Thoothukudi.

2.The Assistant Director(Audit), Rural Development and Panchayatraj, Thoothukudi, Thoothukudi District.

3.The Block Development Officer(Village Panchayat), Kovilpatti Panchayat Union, Kovilpatti, Thoothukudi District.

4.The Deputy Block Development Officer(Audit), Kovilpatti Panchayat Union, Kovilpatti, Thoothukudi District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to take on file the appeal filed by the petitioner dated 05.12.2019 against the surcharge certificate issued by the second respondent in Na.Ka.No.A4/530/2017 dated 24.09.2018 and decide the same in accordance with law within the time frame that may be stipulated by this Court.

For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.M.Rajarajan, Government Advocate

ORDER

Mr.M.Rajarajan, learned Government Advocate takes notice for the respondents.

2. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. The writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the first respondent https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.26882 of 2019 to take the appeal filed by the petitioner dated 05.12.2019 against the surcharge certificate issued by the second respondent in Na.Ka.No.A4/530/2017 dated 24.09.2018, on file and decide the same in accordance with law within a stipulated time.

4. The case of the petitioner is that he filed an appeal on 05.12.2019 before the first respondent as against the surcharge certificate issued by the second respondent. But, the first respondent did not take the appeal on file and hence, this writ petition.

5. In view of the above, without expressing any opinion on the merits of the claim made by the petitioner, the first respondent is directed to take the appeal filed by the petitioner on file and pass appropriate orders on the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS ) pm To:

1.The District Collector, Inspector of Panchayat, Collectorate, Thoothukudi.

2.The Assistant Director(Audit), Rural Development and Panchayatraj, Thoothukudi, Thoothukudi District.

3.The Block Development Officer(Village Panchayat), Kovilpatti Panchayat Union, Kovilpatti, Thoothukudi District.

4.The Deputy Block Development Officer(Audit), Kovilpatti Panchayat Union, Kovilpatti, Thoothukudi District.

+1 CC to SPL.GP ( SR-106494[F] dated 27/12/2019 ) W.P(MD)No.26882 of 2019 20.12.2019 MK (22.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2