P.Karuppasamy vs The Principal Secretary To Government on 27 July, 2023

[Cites 1, Cited by 1]

Madras High Court

P.Karuppasamy vs The Principal Secretary To Government on 27 July, 2023

Author: S.S.Sundar

Bench: S.S.Sundar, D.Bharatha Chakravarthy

    2023/MHC/3420




                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED:27.07.2023

                                                       CORAM:

                                THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                                AND
                         THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                            W.P(MD)NO.18182 OF 2023

                     P.Karuppasamy                                 :Petitioner


                                                .vs.


                     1.The Principal Secretary to Government,
                       Rural Development and Panchayat Raj Department,
                       Chennai – 600 009.

                     2.The Director(Rural Development and Panchayat Raj),
                       Directorate of Rural Development and Panchayat Raj,
                       Panagal Building, Chennai – 600 015.

                     3.The District Collector,
                       District Collector Office,
                       Trichy District – 620 001.

                     4.The Project Director,
                       District Rural Development Agency,
                       Trichy District – 620 001.

                     5.The Block Development Officer,
                       Vaiyampatti Panchayat Union,
                       Vaiyampatti, Trichy District.

                     6.The President,
                       Inam Pudhuvadi Village Panchayat,
                       Vaiyampatti Panchayat Union,
                       Vaiyampatti,


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                        Trichy District.                                 :Respondents


                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus directing the
                     third respondent to conduct             proper enquiry based        on the
                     Petitioner’s representation, dated 29.05.2023 within the time
                     stipulated by this Court.


                                       For Petitioner          :Mr.S.Vikram

                                       For Respondents        :Mr.P.Thilak Kumar
                                             1,3 and 4         Govt.Pleader

                                       For Respondent s       :Mr.Villavan Kothai
                                             2,5 and 6         Additional Govt.Pleader


                                                ORDER

********* (Order of the Court was made by S.S.SUNDAR,J) This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the third respondent to conduct proper enquiry based on the Petitioner’s representation, dated 29.05.2023 within the time stipulated by this Court.

2.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1,3 and 4 and Mr.Villavan Kothai, learned Additional Government Pleader takes notice for the respondents 2,5 and 6. By consent of both parties, the Writ Petition is taken up for 2/5 https://www.mhc.tn.gov.in/judis final disposal at the admission stage itself.

3.The same Petitioner had earlier filed another Writ Petition in W.P.No.5548 of 2002 for identical prayer and this Court by order dated 15.03.2022, has passed the following order:

‘’2.Considering the seriousness of the allegations made in the affidavit filed in support of the Writ Petition and the materials that have been produced, we find that it is a fit case where an enquiry should be conducted by the appropriate authority, namely, the District Collector,Trichy District. Hence there will be a mandamus directing the District Collector, Trichy District, to enquire into the allegations of the Petitioner made in his representation, which have been referred in the affidavit filed in support of the Writ Petition and pass orders on merits and in accordance with law, within a reaonable time.’’

4.However, the present Writ Petition is also filed for the very same relief. The Principle of res-judicata also applicable to the Writ Petition. Therefore, the Writ Petition is not sustainable and the same is liable to be dismissed.

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https://www.mhc.tn.gov.in/judis

5.Accodingly, the Writ Petition is dismissed. No costs.

                                                                   [S.S.S.R.,J.]    [D.B.C,J.]
                                                                           27.07.2023
                     Index:Yes/No
                     Internet:Yes/No
                     NCC:Yes/No

                     vsn

                     To

1.The Principal Secretary to Government, Rural Development and Panchayat Raj Department, Chennai – 600 009.

2.The Director(Rural Development and Panchayat Raj), Directorate of Rural Development and Panchayat Raj, Panagal Building, Chennai – 600 015.

3.The District Collector, District Collector Office, Trichy District – 620 001.

4.The Project Director, District Rural Development Agency, Trichy District – 620 001.

5.The Block Development Officer, Vaiyampatti Panchayat Union, Vaiyampatti, Trichy District.

6.The President, Inam Pudhuvadi Village Panchayat, Vaiyampatti Panchayat Union, Vaiyampatti, Trichy District.

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https://www.mhc.tn.gov.in/judis S.S.SUNDAR, J.

AND D.BHARATHA CHAKRAVARTHY,J.

vsn 0RDER MADE IN W.P(MD)NO.18182 OF 2023 27.07.2023 5/5 https://www.mhc.tn.gov.in/judis

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