S THILAGAVATHI Vs. DISTRICT COLLECTOR NAMAKKAL DISTRICT

JUDGEMENT

(1.) WRIT Petition is filed praying to issue a WRIT of Mandamus, directing the first respondent to consider the explanation offered by the petitioner dated 22.4.2009 and pass orders afresh pertaining to the proceedings of the first respondent in Na.Ka.No.0718/2009/PA3 dated 16.10.2009 together with the Notification Published in the Namakkal District Gazette in issue No.6 dated 21.11.2009 in Roc.No.0718/09 (PA-3) dated 16.10.2009 as directed by this Court in W.P.No.26302 of 2009 on 15.6.2010 within a stipulated time.

(2.) MR.S.Shivashanmugam, learned Government Advocate, takes notice on behalf of the respondents.

(3.) PETITIONER has now come forward with the prayer as above stating that the proceeding should be concluded within a time frame. As rightly pointed out by Mr.S.Shivashanmugam, learned Government Advocate, in a proceeding initiated under Section 205 of the Tamil Nadu Panchayat Act, there is no time limit specified. The first respondent need not be hastened as it will lead to passing of an order without application of mind and without reason, which was the reason for setting aside the earlier order. Therefore, this Court is not inclined to direct the District Collector to conclude the proceeding in a particular manner or within a particular time frame as that will amount to interfering with the power and discretion vested with the District Collector, the first respondent. The first respondent is expected to deal with the matter in a fair manner and within a reasonable period of time as may be necessary.