P THENMOZHI SUBRAMANIAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner, who is an elected President of Akkarai Kodivery Panchayat in Thukkanaickampalayam, Erode District, has come forward to file the present Writ Petition seeking to set aside the order of the 1st respondent District Collector dated 30.9.2010, which concluded with the proceedings of the 2nd respondent dated 26.10.2010 and seek for setting aside the same.

(2.) NOTICE of Motion was ordered on 8.11.2010. Pending the NOTICE of Motion, this Court on the facts and circumstances of the case allowed the meeting, which was convened on 9.11.2010, but the decision taken in the meeting was directed not to be given effect to for a period of two weeks.

(3.) A perusal of the records shows that the impleaded respondents earlier filed W.P.No.17977 of 2010 seeking for a direction to dispose of their representation. This Court by an order dated 19.8.2010 directed the District Collector to take appropriate action. The grievance projected by these persons was that despite their request to take action against the President, the District Collector was not taking action. It is pursuant to the direction, the impugned notice came to be issued. Though the petitioner alleged that the Writ Petition was filed by forging the signature, this Court is not inclined to accept the said contention because the very same persons have come forward to file M.P.No.3 of 2010 seeking themselves to implead as party respondents in the main Writ Petition. They have also filed an application to vacate stay in M.P.No.1 of 2011. Therefore, the allegation that the impleaded respondents did not subscribe their signature or did not authorise any one to file the Writ Petition cannot be accepted.