Madras High CourtWP(MD)/27739/2023disposed of

Mariappan.P v. The District Collector

2023-11-23Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.27739 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.27739 of 2023 P.Mariappan ... Petitioner Vs.

1. The District Collector, Collectorate, Thoothukudi District.

2. The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Kovilpatti, Thoothukudi District.

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

4. The Assistant Director of Panchayat, O/o.the Assistant Director, Collectorate, Thoothukudi District.

5. M.Vasantha ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1and 2 to conduct enquiry and to take appropriate action against the fifth respondent under the Tamil Nadu Panchayats Act 1994 for her fraudulent act of 1/4

2 W.P.(MD)NO.27739 OF 2023 misappropriation of the fund in Mela Eral Panchayat, Ettayapuram Taluk, Thoothukudi District in the light of the enquiry proceedings in Na.Ka.No.Aa2/11885/2023 dated 03.10.2023 pending before the second respondent within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For R-1,R-2& R-4: Mr.K.Balasubramani, Special Government Pleader.

For R-3 : Mr.D.S.Nedunchezian * * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for respondents 1,2 and 4 and the learned counsel appearing for the third respondent.

2. Issuance of notice to the fifth respondent is dispensed with.

3. The petitioner is the Vice President of Mela Eral Village Panchayat. He has levelled certain allegations against the Panchayat President. The Inspector of Panchayats has taken cognizance of the same. The enquiry officer has been 2/4

3 W.P.(MD)NO.27739 OF 2023 appointed. The stand of the official respondents is that after the enquiry is completed, the first respondent will take a call in the matter.

4. I make it clear that the defence of the fifth respondent are not foreclosed. They are left open. The entire exercise will be completed within a period of ten weeks from the date of receipt of a copy of this order. The authorities will have to adhere to due process of law. This writ petition stands disposed accordingly. No costs.

23.11.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Collectorate, Thoothukudi District.

2. The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Kovilpatti, Thoothukudi District.

3. The Assistant Director of Panchayat, O/o.The Assistant Director, Collectorate, Thoothukudi District.

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4 W.P.(MD)NO.27739 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.27739 of 2023 23.11.2023 4/4