Balamurugan .V v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.(MD)No.26624 of 2023 V.Balamurugan : Petitioner Vs.
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Project Director, District Rural Development Scheme, Virudhunagar District, Virudhunagar.
3.The Assistant Director, (Panchayats), Rural Development, Virudhunagar District, Virudhunagar.
4.The Block Development Officer, (Village Panchayats),
5.The Deputy Block Development Officer, (Panchayats) 6.The Tahsildar, Virudhunagar Taluk, Virudhunagr District.
7.Mrs.P.Jeyanthi 8.Mrs.C.Kavitha 9.The Secretary / Executive Officer, Kanniseripudhur Village Panchayat, : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to complete the enquiry and pass order in respect of enquiry initiated as against President and Vice-President of Kanniseripudhur Village Panchayat, Virudhunagr Panchayat Union, Virudhunagar District, in view of representation dated 29.03.2023, within the stipulated time.
For Petitioner : Mr.M.Jothi Basu For Respondents : Mr.P.Thilak Kumar, Govt. Pleader for R1 to R6 & R9
O R D E R
[Order of the Court was made by M.SUNDAR, J.] Captioned writ petition which has been filed as a 'Public Interest Litigation' ['PIL' for the sake of brevity] has been filed in this Court on 02.11.2023 with a mandamus prayer ie., mandamus to direct the first respondent to complete enquiry that has already been commenced pursuant to a representation dated 29.03.2023.
2. Mr.A.Jothibasu, learned counsel for petitioner drew our attention to a 'Fwpg;ghiz' issued by the first respondent bearing reference e.f.c., 1/10/2021 and signed on 06.06.2023.
3. Issue notice to official respondents. Mr.P.Thilak Kumar, learned Government Pleader takes notice for respondents 1 to 6 and 9.
4. Learned Government Pleader on instructions submits that the aforementioned Fwpg;ghiz will now have to be carried to its logical end and twelve [12] weeks from today will be a reasonable time frame.
5. As regards respondents 7 and 8 we are informed that they will be given ample and adequate opportunity in the proceedings before the first respondent in a suitable manner and this submission is recorded. In addition to recording the submissions, we make it clear that all the rights and contentions of respondents 7 and 8 are preserved for being canvassed in the proceedings before the first respondent and that we have not expressed any opinion or view on the merits of the matter. This is more so as we are acutely conscious that main Writ Petition itself is being disposed of in the Admission Board as we have taken up the main Writ Petition with the consent of both sides considering the narrow scope of the matter.
6. In the light of the narrative thus far, we dispose of the writ Petition with a directive to the first respondent to continue and conclude the proceedings pursuant to Fwpg;ghiz, dated 06.06.2023 as expeditiously as the business of the first respondent would permit but by 31.01.2024. There shall be no order as to costs.
[M.S.,J.] & [R.S.V.,J.] vsm 06.11.2023 Index : Yes/No
To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Project Director, District Rural Development Scheme, Virudhunagar District, Virudhunagar.
3.The Assistant Director, (Panchayats), Rural Development, Virudhunagar District, Virudhunagar.
4.The Block Development Officer, (Village Panchayats), 5.The Deputy Block Development Officer, (Panchayats) 6.The Tahsildar, Virudhunagar Taluk, Virudhunagr District.
7.The Secretary / Executive Officer, Kanniseripudhur Village Panchayat,
M.SUNDAR, J.
and R.SAKTHIVEL, J.
vsm W.P.(MD)No.26624 of 2023 06.11.2023