This order addressed a writ petition seeking mandamus to direct the District Collector and others to conduct a detailed enquiry into alleged misappropriation of Panchayat funds and file a report.
The District Collector was directed to consider and pass orders on the petitioner's representation dated 26.7.2022 within four weeks after hearing all concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.26297 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.09.2022
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.26297 of 2022
R.Rajendiran
.. Petitioner
Vs
6.A.Kanagaraj
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W.P.No.26297 of 2022
7.B.Sivaprakasam
8.Sundararajan
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 3 to conduct a detailed enquiry on the representation dated 26.7.2022 made by the petitioner against the respondents 4 to 8 in accordance with law and file a report.
For the Petitioner : Mr.D.Sampathkumar
For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 3
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice)
Mr.R.Rajendiran, son of Rangasamy, a resident of Thaneer
Pandhal, Aanaikaran Chathiram Post, Sirkazhi Taluk, Mayiladuthurai District, has filed the writ petition praying for issuance of a writ of mandamus directing respondents 1 to 3 to conduct a detailed
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W.P.No.26297 of 2022
enquiry on the representation dated 26.7.2022 made by the petitioner against respondents 4 to 8 in accordance with law and file a report.
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W.P.No.26297 of 2022
respondents 4 to 8 for the mal-administration and misappropriation and based on the said representation, Thiru.T.Prathishkumar, Assistant Engineer, Kollidam Panchayat Union was appointed as an Enquiry Officer. After completion of the enquiry, the Enquiry Officer has submitted a report to the Block Development Officer, Kollidam Panchayat stating that respondents 4 to 8 misappropriated the Panchayat Union funds and had also withdrawn amounts using their capacity. Based on the enquiry report, the petitioner has submitted a representation on 26.7.2022 to respondents 1 to 3 for taking further action. Though respondents 1 to 3 received the said representation, no action has been taken on it till date. Therefore, the petitioner has come forward to file the present writ petition seeking a writ of mandamus directing the respondents 1 to 3 to conduct a detailed enquiry on the representation dated 26.7.2022 made against the respondents 4 to 8 and file a report.
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W.P.No.26297 of 2022
submitted a representation dated 26.7.2022 on the basis of the enquiry report dated 25.3.2022 submitted by the Enquiry Officer to the Block Development Officer, Killiam Panchayat Union. Since no action has been taken on the representation of the petitioner till date, he has approached this Court for direction. Admittedly, the receipt of the representation dated 26.7.2022 by respondents 1 to 3 has not been disputed. In such circumstances, it would be appropriate to direct the second respondent – District Collector to consider and pass orders on the representation of the petitioner dated 26.7.2022.
petitioner, we hereby direct the second respondent – District Collector, Mayiladuthurai to consider and pass orders on the representation of the petitioner dated 26.7.2022 on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after hearing all concerned.
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W.P.No.26297 of 2022
(T.R., ACJ.) (D.K.K., J.)
29.09.2022 Index : Yes/No bbr
To:
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W.P.No.26297 of 2022
T.RAJA, ACJ AND D.KRISHNAKUMAR, J.
bbr
W.P.No.26297 of 2022
29.09.2022
_____________ Page 7 of 7_
2 issues framed by the court
Whether the District Collector is directed to consider and pass orders on a representation alleging maladministration and misappropriation of Panchayat funds.
Whether to direct an enquiry officer to submit a report on the representation dated 26.7.2022.
1 provisions across 1 enactments
R.Rajendiran
Director, Vigilance Anti-Corruption
District Collector
Superintendent of Police
A.Kanagaraj
A.Senthilkumar
T.Raja
D.Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
