The Director Of Rural Development And Panchayat Raj v. R.Subramani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2024 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.A.Nos.1008 to 1010, 1018, 1013, 1015, 1017,1019, 1021, 1022, 1023, 1024, 1027 to 1030, 1032, 1034, 1035, 1040, 1042, 1043, 1044 and 1109 of 2021 and CMP Nos.6589, 6605, 6474, 6417, 6421, 6430, 6443, 6504, 6481, 6358, 6366, 6373, 6379, 6383, 6399, 6401, 6403, 6412, 6413, 6512, 6524, 6561, 6607 and 6995 of 2021 W.A.No.1008 of 2021
1. The Director of Rural Development and Panchayat Raj, Panagal Maligai, Saidapet, Chennai-600 015.
2. The District Collector cum District Rural Development Agency, Krishnagiri District, Krishnagiri.
3. The Project Director, District Rural Development Agency (DRDA), Krishnagiri District, Krishnagiri.
4. The Assistant Director of Panchayats, Krishnagiri.
5. The Block Development Officer, Kaveripattinam Panchayat Union, Kavreipattinam, Krishnagiri District .. Appellants Vs R.Subramani .. Respondent Prayer in W.A.No.1008 of 2021: Appeal filed under Clause 15 of the Letters patent against the order dated 09.10.2020 passed in W.P.No.12172 of 2020 on the file of this Court. For the Appellants in all writ appeals : Mr.T.Chandrasekaran Special Government Pleader For the Respondents : No appearance in all the writ appeals COMMON JUDGMENT (Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The intra-court appeals on hand have been instituted challenging the common verdict delivered on 09.10.2020 in a batch of writ petitions.
2. The Writ Court allowed the writ petitions terminating the tender process initiated by the appellants during the relevant point of time. However, the concerned Panchayats were given liberty to deliberate and decide on the works to be carried out after consultation with the Gram Sabha and submit fresh proposals for the utilisation of the funds and act in accordance with law.
3. Mr.Chandrasekaran, learned Special Government Pleader appearing on behalf of the appellants, would submit that subsequently, actions were initiated to utilise the funds by following due process and the works commenced are completed and in respect of the new works, the tender processes were undertaken by following the procedures as contemplated under the Act and Rules in force. With reference to the submission, the learned Special Government Pleader furnished a copy of the proceedings of the District Collector, Krishnagiri dated 06.01.2023 wherein the developments are quoted as under:
1. The entire tender process shall stand terminated. Wherever, the work orders have already been issued, the work can continue and
the order will not stand in the way for the completion of the work which has already commenced.
2. The Village Panchayats shall deliberate and decide on the works to be carried out, Based on the resolution and consent letter from the Village Panchayat, fresh proposal should be received from the Blocks.
3. Based on the receipt of such proposals necessary Administrative Sanction, Technical Sanction and tendering shall be done afresh as per the guidelines issued vide this office Lr.No.57779/2019/TUI, dated 17.06.2020.
4. The District Collectors are suggested to Upgrade/Strengthen the rural roads by using II installment of 14th Central Finance Commission Grants for the year 2019-20 based on the above instructions. The road improvement works shall be taken wherever there is need and also based on the quantum of funds available in the Village Panchayats after considering need for other basic services. The action taken on this should be communicated to this office."
4. On account of the developments occurred during the pendency of the writ appeals and considering the fact that the works undertaken during the relevant point of time were completed in all respects, no further adjudication needs to be undertaken in respect of the grounds raised on merits.
Consequently, all the writ appeals are disposed of as infructuous. No costs. The connected miscellaneous petitions are closed. (S.M.S., J.) (C.K., J.) 26.06.2024 Index :
Yes NC :
Yes sra
S.M.SUBRAMANIAM, J.
AND C.KUMARAPPAN,J.
(sra) W.A.Nos.1008 to 1010, 1018, 1013, 1015, 1017,1019, 1021, 1022, 1023, 1024, 1027 to 1030, 1030, 1032 1034, 1035, 1040, 1042, 1043, 1044 and 1109 of 2021 26.06.2024