1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Writ Petition (MD) No.7427 of 2011 1.P.Rajendran S/o.Late.V.S.Perumalsamy Srirengampuram Village & Post, Veerapandi(Via) Theni Taluk Theni District. 2.R.Seenivasan S/o.Late.K.S.Rengasamy 2W/24 Kaliamman Kovil Street Srirengapuram village & Post Veerapandi Theni Taluk Theni District ... Petitioners vs. 1.The District Collector Theni District, Theni. 2.N.Kavitha W/o.Narayanadoss President, Srirengapuram Village Panchayat, Theni Taluk, Theni District. 3.R.Gurusamy S/o.Ramasamy Vice President Srirengapuram Village Panchayat Theni Taluk Theni District. ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the first respondent to take appropriate action against the second and third respondents for their mal administration at Srirengapuram Village Panchayat, Theni Taluk, Theni District based on the audit objections. For Petitioner .. Mr.M.Sureshkumar For Respondent .. Mr.R.Karthikeyan For R1 Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R (Order of the Court was made by P.JYOTHIMANI, J.) Mr.R.Karthikeyan, Additional Government Pleader, takes notice on behalf of the first respondent. Considering the limited scope of the prayer involved in this case notice to the second and third respondents, who happen to be the President and Vice President of the Village Panchayat, is not required and the Writ Petition itself is taken up for final disposal at the admission stage. 2. The grievance of the petitioners, who are stated to be the residents of the area, is that the second and third respondents, the President and Vice President of the Panchayat respectively, have not properly administering the panchayat accounts and the amounts have been used unauthorisedly without referring to the council and without approval from the council as required under the Tamil Nadu Panchayats Act 1994. However, the petitioners have no power to initiate action against the second and third respondents under Section 205 of the Panchayat Act for the purpose of removal of the President and Vice President and therefore, the petitioners made a representation to the first respondent being the Inspector of Panchayats under the Tamil Nadu Panchayats Act on 04.05.2011. 3. Even though the prayer in the writ petition is for a mandamus against the first respondent, District Collector to take appropriate action against the second and third respondents for the mal administration of the Srirengapuram Village Panchayat, Theni District, we are of the view inasmuch as the petitioners have made a representation to the first respondent District Collector on 04.05.2011, if a direction is given to the first respondent District Collector to consider the said representation and take appropriate action in the manner known to law that would meet the ends of justice. Accordingly, the Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioners dated 04.05.2011 and take appropriate action for the same as warranted in accordance with law by applying the provisions of the Tamil Nadu Panchayats Act 1994. Such action shall be taken by the first respondent as expeditiously as possible. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: The District Collector Theni District, Theni. +One cc to Mr.M.Suresh Kumar, Advocate, SR.No.22064 +One cC to the Spl Govt. Pleader, SR.No.22076 RR rl/4c – 14.7.2011 ORDER MADE IN WP(MD) No.7427 of 2011 06.07.2011 https://hcservices.ecourts.gov.in/hcservices/