S.Devasena Vs the State of Tamilnadu

for issuance of a writ of Mandamus directing the second respondent District Collector to instruct respondents 4 and 5 to make payments forthwith for the pending bills in Sedappalayam Panchayat, Cuddalore District as per the representation of the petitioner the last of which was on 06.01.2025.

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For Petitioner : M/s.Hema Sampath Senior Counsel for M/s.R.Meenal For R1 to R5 : Mr.M.Rajendiran Addl.Govt.Pleader

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ORDER

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By consent, the Writ Petition is taken up and disposed of at the admission stage itself.

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The present writ petition has been filed to issue a writ of mandamus directing the second respondent District Collector to instruct respondents 4 and 5 to make payments forthwith for the pending bills in Sedappalayam Panchayat, Cuddalore District dated 06.01.2025 .

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https://www.mhc.tn.gov.in/judis ___________ Page No.2 of 6_

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W.P.No.3698 of 2025

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It is the case of the petitioner that he was elected in December

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2019 as President of Sedappalayam Panchayat, Due to political difference, the Vice President was refused to sign the cheques as joint signatory with the President. Thereafter, the District Collector passed an order dated 02.05.2024 invoking his powers under Section 203 of the Tamil Nadu Panchayats Act, giving the cheque signing power to the Block Development Officer and Special Officer/Deputy Development Officer. In the mean time, the ward members resolved their differences and agreed to co-operate with each other. Thereafter, the petitioner sent several representations were made to the District Collector to permit the President and the Vice President to sign the cheques but no order has been by the District Collector. The join signatories also did not settle the pending bills to the tune of Rs.26,00,000/-. In the mean time, the tenure of the elected body expired in December 2024. However, the fourth and fifth respondents have not settled the bills. Hence, the petitioner has filed the present writ petition.

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The learned Senior counsel appearing for the petitioner submitted that the petitioner has given a representation dated 06.01.2025 to the

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https://www.mhc.tn.gov.in/judis ___________ Page No.3 of 6_

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W.P.No.3698 of 2025

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District Collector to instruct the fourth and fifth respondents to make payment of bills for Sedapalayam Panchayat to work done by the respective contract.

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The learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the tenure of a chairman of the Panchayat is over, the Special Officer has been appointed on 06.01.2025 by the Government. Therefore, he does not have locus standi to maintain the present petition, He further submitted that the representation of the petitioner dated 06.01.2025 will be considered on merits, in accordance with law by the second respondent, within a time frame may be fixed by this Court.

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