1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition (MD)No.1118 of 2011 R.Sathasivam : Petitioner Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The Secretary, District Panchayat Office, Sivagangai District, Sivagangai. 3.Malayamal, W/o.Sakthi : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to ensure conclusion of the enquiry initiated pursuant to the proceedings dated 25.05.2010 in Na.Ka.Ma.VU.1/106/10. For Petitioner : Mr.G.R.Swaminathan For Respondents : Mr.R.Janakiramulu, 1 and 2 Spl.Govt.Pleader. For Respondent-3 : No appearance. O R D E R [Order of the Court was made BY N.PAUL VASANTHAKUMAR, J] The prayer in the writ petition is for issuing a writ of mandamus directing the 1st respondent to conclude the enquiry initiated pursuant to the proceedings in Na.Ka.Ma.VU.1/106/10, dated 25.05.2010. 2.It is the case of the petitioner that he is a native of Vilathur village and he owns agriculture lands and also a residential house in the said village. On 22.09.2008, the petitioner submitted a representation before the 1st respondent and also before the Director of Rural Development complaining certain allegations against the 3rd respondent, who is the president of Vilathur Village Panchayat. Since no action was taken, the petitioner filed a writ petition in W.P.(MD)No.10098 of 2008 and prayed for a direction to the District Collector, Sivagangai District, the 1st respondent herein, to take action based on his representation. This Court, by order dated 11.11.2008, directed the 1st respondent to consider the petitioner's representation and pass orders on merits. Thereafter, an Enquiry Committee was constituted and an enquiry was conducted but https://hcservices.ecourts.gov.in/hcservices/ 2 it was not completed. However, an Enquiry Report was submitted on 19.01.2009. Since no action was taken on the enquiry report, the petitioner filed another writ petition in W.P.(MD)No.1809 of 2009 before this Court and this Court directed the District Collector to pass necessary orders based on the enquiry report. Thereafter, the District Collector passed an order on 03.03.2010 for reopening of the enquiry. On 15.11.2010, a spot enquiry was held. During the conduct of enquiry, there was a violence which resulted in registering criminal complaint. The grievance of the petitioner is that even though enquiry was ordered to be reopened, the matter has not attained its finality till date. 3.It is seen that though enquiry was initiated, the same could not be completed due to the violence happened on 15.11.2010, which resulted in filing FIR in Crime No.51/2010 on the file of Palayanoor Police Station, Sivagangai District. Learned Special Government Pleader appearing for the 1st respondent submitted that the 1st respondent will complete the enquiry and finalise the matter within a period of eight weeks. Though the third respondent is served and her name is printed in the cause list, she has not chosen to appear either in person or through counsel to oppose the prayer made in the writ petition. 4.In view of the submission made by the learned Special Government Pleader for respondents 1 and 2, the writ petition is disposed of giving direction to the 1st respondent to complete the enquiry and pass final orders within a period of two months from the date of receipt of a copy of this order. No costs. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To: 1.The District Collector, Sivagangai District, Sivagangai. 2.The Secretary, District Panchayat Office, Sivagangai District, Sivagangai. +1cc to Mr.G.R.Swaminathan, Advocate, Sr.No.9684 +one cc to Special Government Pleader, Sr.No. 9916 ORDER IN WP(MD)No.1118/2011 Dated:22.02.2011 gb SMA/24.02.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/