Selvarajan vs The District Collector
2023 Latest Caselaw 4560 Mad

                                                                                W.P.No.6184 of 2020

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 20.04.2023

                                                          CORAM

                                     THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                   W.P.No.6184 of 2020

                     Selvarajan                                           ... Petitioner

                                                             Vs.

                     1.The District Collector,
                       Ariyalur,
                       Ariyalur District.

                     2.The Tahsildar,
                       Jayankondan Taluk,
                       Jayankondan.                                       ... Respondents


                     Prayer:
                          Petition filed under Article 226 of the Constitution of India to

                     issue a Writ of Mandamus directing the respondents to return

                     Rs.30,000/-.


                                       For Petitioner  : Mr.J.Franklin
                                       For Respondents : Mr.S.Bala Murugan
                                                         Government Advocate


                                                         ORDER

The petitioner has filed this writ petition seeking issuance of

Writ of Mandamus directing the respondents to return Rs.30,000/-.

https://www.mhc.tn.gov.in/judis W.P.No.6184 of 2020

2.The case of the petitioner is that the petitioner is the Ex-

Panchayat President of Nayaganaipiriyal Panchayat and that there

was a charge against the petitioner that he misappropriated a sum of

Rs.67,729/- and vide proceedings dated 01.10.1998, the second

respondent directed the Village Administrative Officer to collect a

sum of Rs.67,729/- and an order of attachment was also passed by

the second respondent on 02.08.2001. Challenging the order dated

02.08.2001, the petitioner filed W.P.No.26175 of 2001 before this

Court and this Court during the course of adjudication, directed the

petitioner to deposit a sum of Rs.30,000/- and thereafter disposed of

the said writ petition on 08.09.2010. For the said charge, a case in

Crime No.35 of 1998 was also registered by the T.Palur Police Station

and thereafter vide judgment dated 22.09.2014, the learned Judicial

Magistrate, Jayankondan acquitted the petitioner, however, the

deposited amount of Rs.30,000/- has not yet been returned to the

petitioner. Hence, this writ petition.

3.The learned counsel appearing for the petitioner submitted

that the petitioner made representation dated 17.03.2015 to the

respondents seeking refund of Rs.30,000/- through his counsel.

Hence, without going into the merits of the case, it would suffice, if

https://www.mhc.tn.gov.in/judis W.P.No.6184 of 2020

this Court issues direction to the respondents to consider the

petitioner's representation dated 17.03.2015 made through his

counsel and to pass appropriate orders within a reasonable time

frame.

4.Considering the limited request made by the learned counsel

appearing for the petitioner, this Court, without expressing any

opinion on the merits of the case, directs the respondents to consider

the petitioner's representation dated 17.03.2015 made through his

counsel, on merits and in accordance with law and to pass

appropriate orders, within a period of six weeks from the date of

receipt of a copy of this order.

5.This writ petition is accordingly disposed of. No costs.

20.04.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

To

1.The District Collector, Ariyalur, Ariyalur District.

2.The Tahsildar,

https://www.mhc.tn.gov.in/judis W.P.No.6184 of 2020

Jayankondan Taluk, Jayankondan.

M.DHANDAPANI,J.

pri

W.P.No.6184 of 2020

20.04.2023

https://www.mhc.tn.gov.in/judis W.P.No.6184 of 2020

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