1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD) No.10348 of 2011 S.Kumar ... Petitioner Vs. 1.The Secretary to Government, Department of Rural Development and Panchayatraj, Government of Tamil Nadu Secretariat, Chennai - 600 009. 2.N.Chinnathurai 3.The District Collector, Thoothukudi District. ... Respondents (3rd respondent is impleaded as per order dated 18.10.2011 made in M.P.(MD).No.1/2011) Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, to direct the first respondent to hold an enquiry on the petitioner's complaint dated 22.08.2011 and take appropriate action in accordance with law against the 2nd respondent. For petitioner .. Mr.Prasanna Vinoth, for Mr.G.R.Swaminathan For respondents 1 & 3 .. Mr.V.Pandi, Government Advocate ORDER (Order of the Court was made by K.N.BASHA, J.) The petitioner has come forward with this petition seeking for the relief of a direction to the first respondent to hold an enquiry on the petitioner's complaint, dated 22.08.2011 and take appropriate action, in accordance with law, against the 2nd respondent. 2.By mutual consent of the learned counsel appearing for the petitioner and Mr.V.Pandi, learned Government Advocate appearing https://hcservices.ecourts.gov.in/hcservices/ 2 for the respondents 1 & 3, the main writ petition itself is taken up for final hearing, at the admission stage itself. 3.Though the petitioner has come forward with a larger prayer, it is now submitted by the learned counsel for the petitioner that the petitioner would be satisfied, if a direction is given to the first respondent to consider his complaint, dated 22.08.2011, within a time frame. 4.The learned counsel for the petitioner would submit that the petitioner has filed this petition as a public interest litigation, considering that the matter is relating to the public interest. It is contended that the second respondent, Panchayat Chairman has diverted the funds to water resources organization of PWD and also misused the funds of the Panchayat. Therefore, it is submitted by the learned counsel for the petitioner that the petitioner has preferred a complaint, dated 22.08.2011, to the first respondent to take appropriate action on the second respondent, but the first respondent has not taken any action on that complaint and as such the petitioner has been constrained to approach this Court with the present writ petition with the aforesaid prayer. 5.Heard the learned Government Advocate on the submissions made by the learned counsel for the petitioner. It is contended by the learned Government Advocate that necessary action would be taken by the first respondent on the complaint preferred by the petitioner, dated 22.08.2011. 6.Though the matter is taken up at the admission stage itself and without serving notice to the second respondent, in view of the limited prayer now made, this Court is of the view that the interest of the second respondent would be protected by giving a direction to the first respondent to give opportunity to him to make his objections, if any, before passing orders on the complaint submitted by the petitioner, dated 22.08.2011. 7.The fact remains that the petitioner has come forward with the limited prayer for a direction to the first respondent herein to take action on his complaint, dated 22.08.2011. It is pertinent to note that the complaint was preferred against Tuticorin District Panchayat Chairman viz., the second respondent herein. Considering the limited prayer, without going into the merits of the complaint, dated 22.08.2011 and without expressing any view on the merits of the said complaint, we are constrained to direct the first respondent herein to consider the complaint, dated 22.08.2011, by affording opportunity to the petitioner as well as to the second respondent herein and other relevant parties, and thereafter, to pass orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 8.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The Secretary to Government, Department of Rural Development and Panchayatraj, Government of Tamil Nadu Secretariat, Chennai - 600 009. 2.The District Collector, Thoothukudi District. Gcg ssk/31.10.2011 /3c-3p/- Order in W.P.(MD)No.10348 of 2011 18.10.2011 https://hcservices.ecourts.gov.in/hcservices/