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Madras High CourtWP/10409/2013allowed

P.Ganesan v. The District Collector Cum

2019-12-12Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2019

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.10409 of 2013 Mr.P.Ganesan ... Petitioner -vs1.The District Collector cum Inspector of Panchayats, Nagapattinam, Nagapattinam District.

2.Assistant Director (Audit), Rural Development (Audit), Nagapattinam, Nagapattinam District.

3.The Block Development Officer (Village and Town Development), Kollidam Panchayat, Sirkali Taluk, Nagapattinam District.

4.The Deputy Block Development Officer, (Audit Panchayat) Block Development Officer (Village Panchayat), Kollidam Union, Sirkali Taluk, Nagapattinam District.

... Respondents Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records pertaining to Na.Ka.No.1206/2011/A2 UE (Tha), dated 15.02.2013 and quash the same on the file of the 2nd respondent herein through 3rd and 4th respondents herein. For Petitioner :

Mr.Dalit Tiger C.Ponnusamy For Respondents:

Mr.G.B.Rajesh, Government Advocate

ORDER

This writ petition has been filed by a former President of the Village Panchayat challenging the surcharge certificate issued against him for incurring irregular expenditure. 2.The petitioner's case is that all the expenditures were incurred only after the approval of the concerned Deputy Block Development Officer, the 4th respondent herein and the petitioner completed his period of office as President of the Village Panchayat between 2006 and 2011 and the new President took over the charge on 26.10.2011. After 11⁄2 years, proceedings were initiated against the petitioner in the year 2012. It is seen that the petitioner has given a detailed explanation dated 14.11.2011 to the notice dated 08.11.2011.

In the said notice, the petitioner has pointed out as to how the expenditure has been properly incurred and the same has been audited and the 4th respondent has approved the same. Even after the receipt of the explanation, the third respondent had issued the demand notice dated 07.02.2013. This was challenged by the petitioner by filing a writ petition in W.P.No.3445 of 2013. The said writ petition was disposed by an order dated 12.02.2013 by directing the second respondent to consider the reply given by the petitioner. However, in spite of such direction, the second respondent has not considered the reply and confirmed the surcharge certificate. In fact, the proceedings of the second respondent dated 15.02.2013, is a verbatim reproduction of the notice dated 08.11.2011.

In the said proceedings, there is not even a reference to the direction issued by this Court in the earlier writ petition nor the objections filed by the petitioner.

Subsequently, the petitioner filed a fresh objection which was taken note of by the second respondent and the second respondent rejected the petitioner's claim stating that as per the direction issued by this Court in the earlier writ petition, the matter was taken up for consideration but there are no grounds to pass a different order than the order dated 25.03.2013.

3.The procedure adopted by the second respondent is wholly illegal and totally in violation of the principles of natural justice. That apart, no action was initiated against the petitioner during his period of office and the delay of two years in taking action after the new President took over the charge are all factors which will go to show that the impugned proceedings are to be interfered with.

4.For the above reasons, the writ petition is allowed and the impugned order is quashed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cse To 1.The District Collector cum Inspector of Panchayats, Nagapattinam, Nagapattinam District.

2.The Assistant Director (Audit), Rural Development (Audit), Nagapattinam, Nagapattinam District.

3.The Block Development Officer (Village and Town Development), Kollidam Panchayat, Sirkali Taluk, Nagapattinam District.

4.The Deputy Block Development Officer, (Audit Panchayat) Block Development Officer (Village Panchayat), Kollidam Union, Sirkali Taluk, Nagapattinam District.

+1cc to the Government Pleader Sr.104043 +1cc to Mr.Dalit Tiger C.Ponnusamy, Advocate Sr.103605 W.P.No.10409 of 2013 rgn[co] srg 10/02/2020