Elayaperumal v. The Governemt Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2022 C O R A M THE HON'BLE MS.JUSTICE V.M.VELUMANI W.P.No.2814 of 2022 1.Elayaperumal 2.Kannan 3.Sakkarai 4.Sounthar 5.Kodimayil 6.Palani 7.Ramya 8.Maruthakasan 9.Dhayanidhi
...Petitioners
Vs
1. The Government of Tamilnadu, Rep. by its Principal Secretary, Rural Development and Panchayat, Raj Department, Fort. St.George, Chennai - 600 009.
2. The Director of Department of Rural Department and Panchayat, Panagal Maligai, Chennai - 600 015.
3. The Chairman, State Employment Guarantee Committee, (MGNREGA SCHEME) Saint George Fort, Chennai - 600 009.
4. The District Collector/District Project Coordinator (MGNREGA SCHEME) Kallakurichi District, Kallakurichi.
5. The Block Development Officer, Thiruvavalur Panchayat Union, Kallakurichi District.
...Respondents
Prayer Writ Petition filed under Article 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, directing the respondents to complete the work being protracted for no reason, relating to the construction of goat and cow shelters, individual Well for the benefit of the petitioners pursuant to the orders of 5th respondent, vide their proceedings i) Na.Ka.No.Aa6/324/2020 dated 11.12.2020 and ii) Na.Ka.No.Aa6/377/2021 dated 18.02.2021 respectively, by considering the representation dated 06.01.2022 within the time stipulated by this Court.
For Petitioners :
Ms.R.Raji for Mr.M.P.John Peter For Respondents :
Mr.K.Karthik Jagannath Government Advocate
ORDER
This Writ Petition is filed seeking for a direction to the respondents to complete the work being protracted for no reason, relating to the construction of goat and cow shelters, individual Well for the benefit of the petitioners pursuant to the orders of 5th respondent, vide their proceedings i) Na.Ka.No.Aa6/324/2020 dated 11.12.2020 and ii) Na.Ka.No.Aa6/377/2021 dated 18.02.2021 respectively, by considering the representation dated 06.01.2022, within the time stipulated by this Court.
2.By consent of both the learned counsel appearing for the petitioners as well as Mr.K.Karthik Jagannath, the learned Government Advocate, who takes notice for the respondents, the Writ Petition is taken up for final disposal at the stage of admission itself.
3.The learned counsel appearing for the petitioner submitted that the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) was launched on 02.02.2006. As per the said scheme, the Government is constructing goat and cow shelter and digging Well for the benefit of the individual. The petitioners applied for the work under the said scheme and after the completion of the procedure, the petitioners were selected as beneficiary by the proceedings of District Collector, Kallakurichi, the 4th respondent herein. He further submitted that the funds were allotted for the said work and the work was also started. But, the respondents have stopped the work in the middle of the construction for no reasons. Therefore, the petitioners have given various representations to the respondents 1 and 5. However, the respondents 1 and 5 have not considered the representations with regard to the completion of
construction. In support of the case, the petitioners have produced the copy of the proceedings issued by the 5th respondent and photographs to show that work has been started and not yet completed.
4.Mr.K.Karthik Jagannath, learned Government Advocate appearing for the respondents on instruction submitted that the respondents could not complete the work due to the administrative reasons and will complete the work within a period of eight weeks.
5.Considering the materials on record and the contention of the learned Government Advocate that the respondents will take appropriate action to complete the work within a period of eight weeks, the respondents are directed to consider the representation of the petitioner dated 06.01.2022, based on the proceedings of the 5th respondent and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order.
6.With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar rst To:
1. The Principal Secretary, Government of Tamilnadu, Rural Development and Panchayat, Raj Department, Fort. St.George, Chennai - 600 009.
2. The Director of Department of Rural Department and Panchayat, Panagal Maligai, Chennai - 600 015.
3. The Chairman, State Employment Guarantee Committee, (MGNREGA SCHEME) Saint George Fort, Chennai - 600 009.
4. The District Collector/District Project Coordinator (MGNREGA SCHEME) Kallakurichi District, Kallakurichi.
5. The Block Development Officer, Thiruvavalur Panchayat Union, Kallakurichi District.
+1cc to M/s.R.Raji, Advocate SR. No.10142 +1cc to Government Pleader SR. No.11079 W.P.No.2814 of 2022 PMK (CO) PR (14/03/2022)