C. Viswalingam, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2018

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.26317 of 2005 C.Viswalingam

...Petitioner

Vs.

1.The District Collector, Nagapattinam District.

2.The Village Administrative Officer Sembodai Village Vedaranyam Taluk, Nagapattinam District

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ , direction, or order, in the nature of Writ of Mandamus, directing the 1st respondent herein to take immediate action on the petitioner's complaint dated 30.05.2005 and report the result of such action before this Hon'ble Court.

For Petitioner : Mr.Srinath Sridevan For Respondents : Mr.Akhil Akbar Ali, Government Advocate

ORDER

The Writ Petitioner submitted a complaint to the first respondent against the second respondent stating that the Village Administrative Officer has committed some irregularities and illegalities in disbursements of flood relief fund to the people of that locality. The writ petitioner contends that the flood relief funds are misappropriated and was disbursed to the ineligible persons based on the wrong issuance of certificate by the second respondent. At the outset, the complaint against the second respondent was regarding the illegalities committed during the disbursements of flood relief funds sanctioned by the Government.

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2.The grievance of the writ petitioner is that the said complaint submitted by the petitioner to the District collector on 30.05.2005 had not been dealt in accordance with law. Hence, the petitioner is constrained to file this writ petition. 3.This Court is of the opinion that the complaints regarding such illegalities in disbursing the flood relief funds are to be viewed seriously and the District Collector is bound to look into the matter and initiate action in accordance with law. There cannot be any leniency or compromise in respect of the action to be initiated against such officials, who all are committing misappropriation or illegalities in respect of sanctioning and disbursements of flood relief funds or, as a matter of fact, any welfare benefits or schemes implemented by the State. This being the principles to be followed, the first respondent is bound to look into the matter and initiate appropriate action on the representation submitted by the writ petitioner.

4.Accordingly, the first respondent is directed to consider the representation submitted by the writ petitioner on 30.05.2005 and pass orders on merits in accordance with law within a period twelve weeks from the date of receipt of copy of this order. The writ petitioner is directed to enclose a copy of the representation dated 30.05.2005 and relevant documents, if any, along with the order passed in this writ petition. Accordingly, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jbm/bga To 1.The District Collector, Nagapattinam District.

2.The Village Administrative Officer Sembodai Village Vedaranyam Taluk, Nagapattinam District +1cc to the Government Pleader, S.R.No. 85143 W.P.No.26317 of 2005 KK(CO) GN(02/01/2019) https://hcservices.ecourts.gov.in/hcservices/