1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI W.P.(MD)No.10777 of 2011 and M.P.(MD)No.1 of 2011 P.M.Chellappan ... Petitioner Vs. 1.The District Collector, Karur District, Karur. 2.The Assistant Director of Panchayats, District Collectorate Office, Karur. 3.The Assistant Director of Panchayats (Auditing), Audit Section, District Collectorate Office, Karur. 4.The Block Development Officer, Karur Panchayat Union, Vennaimalai,Karuri. 5.R.Kumar @ Kumarasamy 6.K.Revathi Kumarasamy ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the representation of the petitioner dated 07.09.2011 and not to issue no objection certificate to the 5th and 6th respondents to contest the upcoming local body elections as charge of misappropriation are pending against them. For Petitioner : Mr.Parthasarathy, Senior Counsel Mr.S.Madhavan For Respondents : Mr.Anandaraj, G.A. for R1 to R4 Mr.B.Saravanan for R5 and R6 O R D E R Mr.Anandaraj, learned Government Advocate takes notice for respondents 1 to 4 and Mr.B.Saravanan, learned counsel takes notice for respondents 5 and 6. By consent, the Writ petition itself is taken up for final hearing. 2.The Writ petition is for a direction against respondents 1 to 4 to consider the representation of the petitioner dated 07.09.2011 and not to issue no objection certificate for respondents 5 and 6, which is necessary ingredient for the purpose of contesting the local body election. 3.The case of the petitioner is that the 5th and 6th respondents, who were earlier the Presidents of the respective Panchayats, were involved in https://hcservices.ecourts.gov.in/hcservices/ 2 misappropriation of funds, in respect of which, based on certain complaints, the auditing is pending before the 3rd respondent. As per the election rules, unless and until no objection certificate is given by 3rd respondent, the 5th and 6th respondents cannot contest in the local body election. 4.The learned counsel for the 5th and 6th respondents would submit that a false allegation has been made by the petitioner, who is a rival contestant. 5.On the other hand, Mr.Parthasarathy, learned Senior Counsel appearing for the petitioner would submit that admittedly, when the issue is pending before the 3rd respondent for the purpose of auditing, the 3rd respondent can be directed to give opportunity to the petitioner as well as the 5th and 6th respondents before passing any orders. For which course of action, there cannot be any objection for the 5th and 6th respondents. 6.Considering the above said submissions made by the learned Senior Counsel for the petitioner and the learned counsel for respondents 5 and 6, the Writ petition stands disposed with a direction against the 3rd respondent to consider the representation of the petitioner dated 07.09.2011 and pass appropriate orders in respect of issuing No Objection Certificate, after giving notice to the petitioner as well as respondents 5 and 6. Such order shall be passed within a period of one week from today. No costs. Consequently, connected M.P.is closed. SD ASST REGISTRAR ( C.O.) /TRUE COPY/ SUB ASST REGISTRAR nbj To 1.The District Collector, Karur District, Karur. 2.The Assistant Director of Panchayats, District Collectorate Office, Karur. 3.The Assistant Director of Panchayats (Auditing), Audit Section, District Collectorate Office, Karur. 4.The Block Development Officer, Karur Panchayat Union, Vennaimalai, Karur. 1CC TO MR B. SARAVANAN,ADVOCATE, SR: 32772: 1CC TO MR. S. MADHAVAN, ADVOCATE, SR: 32673: PA/23/07/2011/2P/7C: W.P.(MD)No.10777 of 2011 22.09.2011 https://hcservices.ecourts.gov.in/hcservices/