1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.2311 of 2011 1.S.JAMES 2.AROKIYAM 3.SADASIVAM 4.P.JOHN PETER 5.S.MICHAEL 6.A.PALANI SAMY 7.R.AROKIAMMAL 8.S.SANTHA VINARASI 9.P.VELANKANNI ...PETITIONERS Vs 1 THE DISTRICT COLLECTOR DINDIGUL DISTRICT DINDIGUL. 2 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT DINDIGUL. 3 THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE & ANTICORRUPTION WING DINDIGUL DIST. 4 THE BLOCK DEVELOPMENT OFFICER SANARPATTY PANCHAYAT UNION OFFICE SANARPATTY POST DINDIGUL DISTRICT. 5 THE PRESIDENT MADOOR VILLAGE PANCHAYAT MADOOR (PO) DINDIGUL DISTRICT. 6 S.JOHN PETER PRESIDENT MADOOR VILLAGE PANCHAYAT MADOOR POST DINDIGUL DISTRICT. ...Respondents This Writ Petition is filed for a Writ of Mandamus directing the 1st,2nd and 3rd respondents to initiate appropriate ction against the 6th respondent for the forgery committed against public interest and may recover the misappropriated amount from the 6th respondent. For Petitioner : Mr.K.P.Narayanakumar For R.1 to R.4 : Mr.K.Balasubramanian Addl.Govt.Pleader For R.5 & 6 : No appearance **** https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER The Vice President as well as the other Members of the Madoor Panchayat has come forward with the Writ Petition stating that the sixth respondent has misappropriated the funds of the said Panchayat in various manner. Sufficient complaints have already been lodged against the sixth respondent, who manipulated the records and misappropriated many funds of the Government. The villagers have also raised their protest against the sixth respondent. Apart from that a resolution No.107 was also resolved unanimously against the sixth respondent. No confidence motion was also passed against the sixth respondent requesting the first respondent to take away the cheque signing power of the sixth respondent. Even though detailed representations have been made to the first respondent, no action has been initiated so far. Hence, the present Writ Petition. They would also contend that as against the Vice President of the said Panchayat, the first respondent has taken action withdrawing the cheque signing power. Aggrieved by the action, a Writ Petition in W.P(MD). No.7563 of 2010 was preferred by the petitioner, which is pending before this Court. 2. Notice was ordered on 28.02.2011. Though the sixth respondent was duly served on 09.03.2011, he did not appear. Hence, his name was printed in the cause list. Even then there is no appearance and none represented for him. 3. Learned Additional Government Pleader would contend that as against the various allegations against the sixth respondent steps are being taken to initiate action against him including Vigilance and Anti corruption was initiated and the third respondent has also forwarded this matter to the higher authorities for necessary action. But the matter is pending with the District Collector, Dindigul District for consideration and necessary follow up action. Heard all the parties. 4. The only question raised by the petitioner is that even though the entire Members of the Village Panchayat including the Vice President has signed and sent various representations to the District Collector pointing out the irregularities and illegalities committed by the sixth respondent, the competent authority, namely, the District Collector, who is the Inspector of Panchayat has not taken any action so far against the sixth respondent. They would further contend that the Panchayat has also passed a resolution unanimously and no confidence motion was also passed against the sixth respondent. In spite of all these things, as no action has been initiated at all by the District Collector, the present Writ Petition has been filed. 5. Taking into consideration the limited scope of the prayer for seeking a direction to the authorities concerned, namely, the Inspector of Panchayat, to take necessary action as per the representation dated 13.12.2010 and the sixth respondent has also not come forward to contest the case or represented, the first respondent is directed to consider the representation of the petitioner after giving notice to the sixth respondent, petitioner or any other interested parties, if any, and pass https://hcservices.ecourts.gov.in/hcservices/ 3 appropriate orders thereafter, on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands disposed of. No costs. SD/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1 THE DISTRICT COLLECTOR DINDIGUL DISTRICT DINDIGUL. 2 THE SUPERINTENDENT OF POLICE DINDIGUL DISTRICT DINDIGUL. 3 THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE & ANTICORRUPTION WING DINDIGUL DIST. 4 THE BLOCK DEVELOPMENT OFFICER SANARPATTY PANCHAYAT UNION OFFICE SANARPATTY POST DINDIGUL DISTRICT. +1 CC TO OMR. K.P. NARAYAKUMAR, ADVOCATE S.R NO. 12816 +1 CC TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 12874 W.P.(MD).No.2311 of 2011 05.04.2011 ssm PAM 21.04.2011/7C/ https://hcservices.ecourts.gov.in/hcservices/