The Punganur Panchayat v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD) No.8702 of 2011 The Punganur Panchayat, Rep by its President S.packiraj S/o.Savarimuthu No.2/257, Thai Nagar, Ramji Nagar, Trichy-620 009.

... Petitioner vs.

1.The Director, Geology & Mining Department, Guindy, Chennai.

2.The Director, Rural Development Department, Saidapet, Chennai-15.

3.The District Collector, Collectorate, Trichirappalli.

4.The Assistant Director, Geology and Mining Department, District Collectorate Campus, Trichirappalli.

5.The Divisional Forest Officer, Social Forest Division, Trichirappalli.

6.Thayanur Panchayat, Rep. by its President, L.Krishnamurthy, Pallakkadu Post, Trichirappalli 620 102.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents 1 to 5 not to pass any orders in the representation, dated 09.02.2011 alleged to have made by the 6th respondent without hearing the petitioner by following the principles of natural justice.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner :Mr.Pitty Parthasarathy Mr.T.Lajapathi Roy For Respondents :Mr.Aayiram K.Selvakumar for R1 to R5 Government Advocate No appearance for R6

O R D E R

There is a dispute between the petitioner and the sixth respondent with regard to disbursement of money received on account of cutting trees.

2. According to the petitioner, the sixth respondent made a claim before the third respondent. There is every possibility of deciding the said claim, without hearing the petitioner. The petitioner, therefore filed this Writ Petition.

3. Heard the learned counsel for the petitioner and learned Government Advocate on behalf of the respondents 1 to 5. None appeared on behalf of the sixth respondent.

4. The petitioner is given liberty to make a representation to the District Collector, Trichy to hear the views of the Punganur Panchayat, before taking any action to disburse the money to the sixth respondent. In case, any such representation is received, the same shall be considered by the District Collector, along with the application stated to have been given by the sixth respondent for disbursing of money. In short, before passing any order either in favour of the petitioner or in favour of the sixth respondent, notice shall be issued to both the parties and they shall also be heard.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The Director, Geology & Mining Department,Guindy, Chennai. 2.The Director, Rural Development Department, Saidapet, Chennai-15.

3.The District Collector, Collectorate, Trichirappalli. 4.The Assistant Director, Geology and Mining Department, District Collectorate Campus, Trichirappalli. 5.The Divisional Forest Officer, Social Forest Division, Trichirappalli.

+One cc to The Special Government Pleader, SR.No.50049 jikr RL/7C/2P/SS3/29/9/2016 W.P.(MD) No.8702 of 2011 https://hcservices.ecourts.gov.in/hcservices/ 01.09.2016