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2013 DIGILAW 1013 (MAD)

A. Govindasamy v. District Collector/Inspector of Panchayats Vilupuram

2013-02-18

M.JAICHANDREN

body2013
JUDGMENT 1. Heard the learned counsel appearing for the petitioner, as well as the learned counsels appearing for the respondents. 2. The main grievance of the petitioner is that respondents 4 and 5, namely, the President and the Vice- President of Neelamangalam Panchayat, respectively, are not signing the cheques of the Panchayat, inspite of the order passed by the District Collector, on 21.7.2012. Therefore, the Neelamangalam Panchayat is not able to function properly and it is not in a position to carry on the welfare measures. 3. Learned counsel appearing on behalf of the fourth respondent submits that the fifth respondent does not co-operate with the fourth respondent in signing the cheques. The learned counsel appearing on behalf of the fifth respondent denies the allegation made by the fourth respondent. 4. In view of the rival contentions made on behalf of the petitioner, as well as respondents 4 and 5, this court finds it proper to permit the petitioner and the respondents 4 and 5 to submit their representations to the first respondent, raising their contentions, within a period of fifteen days from the date of receipt of a copy of this order. On receipt of such representations, it is for the first respondent to consider the same and pass appropriate orders thereon, within a period of four weeks thereafter, as per the provisions of the Tamil Nadu Panchayats Act, 1994, keeping in mind the interest of Neelamangalam Panchayat. 5. It is the specific case of the petitioner that the bank account of Neelamangalam Panchayat could not be operated, to carry on the welfare measures, in view of the disputes between respondents 4 and 5. It is also the case of the fourth respondent that the fifth respondent is not co-operating with the fourth respondent in signing the cheques, inspite of the order passed by the first respondent, on 21.7.2012. 6. In such circumstances, keeping in mind the welfare of the Panchayat concerned, the first respondent shall authorise the Block Development Officer, (Village Panchayat), Kallakurichi Panchayat Union, Vilupuram District, the third respondent herein, to operate the bank accounts of the Village Panchayat fund, by invoking the powers vested in him, under section 203 of the Tamil Nadu Panchayats Act, 1994, until a final decision is taken by the first respondent, with regard to the existing disputes between respondents 4 and 5, and an amicable settlement is arrived at. The writ petition is ordered accordingly. No costs. The connected miscellaneous petitions are closed.