1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8484 of 2011 and M.P(MD)No.1 of 2011 P.Duraisamy .. Petitioner Vs. 1.The Secretary, Department of Rural Development and Panchayat Raj, Fort st. George, Chennai. 2.The Director of Rural Development and Panchayat Raj, Panagal Building, Saithapet, Chennai. 3.The District Collector, Karur District, Karur. 4.The Commissioner, Karur Panchayat Union, Vennamalai, Karur District. 5.N.Gopinath, The Commissioner, Karur Panchayat Union, Vennamalai, Karur District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to take appropriate criminal and departmental actions and actions provided under the provisions of Tamilnadu Panchayats Act 1994 against the fourth respondent for awarding illegal contract by his proceedings in Na.Ka.A2/2381/09, dated 23.10.2009 in violation of the provisions of Panchayat Act and Rules and all applicable norms after conducting thorough enquiry. For Petitioner : Mr.B.Saravanan For R1 to R4 : Mr.R.Anandha Raj, Govt. Advocate For R5 : Notice is dispensed with https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R This Writ Petition has been filed to direct the respondents 1 to 3 to take appropriate criminal and departmental actions under the provisions of Tamilnadu Panchayats Act, 1994 against the fourth respondent for awarding illegal contract by his proceedings in Na.Ka.A2/2381/09, dated 23.10.2009, in violation of the provisions of Panchayat Act and Rules and all applicable norms, after conducting thorough enquiry. 2. Heard Mr.B.Saravanan, learned counsel for the petitioner and Mr.R.Anandha Raj, learned Government Advocate, who takes notice for R-1 to R-4. 3. In view of the order which is going to be passed, notice is dispensed with for R-5. 4. By consent, the Writ Petition itself is taken up for final hearing. 5. The petitioner has made representations to the third respondent District Collector regarding the working of the fifth respondent in the matters of award of tender and the representations are dated 07.07.2011 and 11.07.2011. Since the grievance of the petitioner has not been considered so far, the petitioner has come forward with this Writ petition. 6. The learned counsel for the petitioner has produced a copy of the acknowledgment, dated 12.07.2011 for the representation, dated 07.07.2011. 7. The learned Government Advocate states that the District Collector will look into the matter in accordance with law. 8. In view of the above, without going into the merits of the petitioner's claim, the third respondent District Collector is directed to consider the petitioner's representations, dated 07.07.2011 and 12.07.2011, on its own merits and in accordance with law, as expeditiously as possible, If any action is contemplated against the fifth respondent, it is necessary that the Collector should proceed in the matter by following due process of law without violating the principles of natural justice. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim. 9. With the above direction, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Secretary, Department of Rural Development and Panchayat Raj, Fort st. George, Chennai. 2.The Director of Rural Development and Panchayat Raj, Panagal Building, Saithapet, Chennai. 3.The District Collector, Karur District, Karur. 4.The Commissioner, Karur Panchayat Union, Vennamalai, Karur District. +1cc to the Special Govt.Pleader, Sr.No. 25574 +1cc to Mr.B.Saravanan, Advocate, Sr.No.25483 pm ssk/05.08.2011 /7c -2p/- W.P.(MD)No.8484 of 2011 01.08.2011 https://hcservices.ecourts.gov.in/hcservices/