M.Thirisangu v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M.Thirisangu ... Petitioner -vs1. The Secretary to Government, State of Tamil Nadu, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Director of Rural Development and Panchayat Raj, Chennai - 600 015.
3. The District Collector, Kallakurichi, Kallakurichi District.
4. The Project Director, District Rural Development Agencies, Kallakurichi, Kallakurichi District.
5. The Block Development Officer (Village Panchayat), Chinnasalem, Kallakurichi District.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, to direct the Third to Fifth Respondents herein to release the balance amount of Rs. 6,53,000/- (Rupees Six Lakhs and Fifty Three Thousand Only) to the Petitioner for completion of individual Dug Well (Open Well) under Mahatma Gandhi National Rural 1/6
Employment Guarantee Scheme within a limited time may be framed by this Court.
For Petitioner : Mr. P.Rajavel For Respondents : Mr. P.Ganesan, Additional Government Pleader (for R1 to R4) Mr. D.Gopal (for R5)
O R D E R
Heard Mr. P.Rajavel, Learned Counsel for the Petitioner, Mr. P.Ganesan, Learned Additional Government Pleader, who takes notice for the First to Fourth Respondents and Mr. D.Gopal, Learned Counsel, who takes notice for the Fifth Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2.
The grievance ventilated by the Petitioner is that he had a made representation dated 26.06.2023 to the Third Respondent to release the balance amount of Rs. 6,53,000/- to the Petitioner for completion of individual Dug Well (Open Well) under Mahatma Gandhi National Rural Employment Guarantee Scheme, but as it did not evoke any response, it has necessitated the filing of this Writ Petition.
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3.
Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 26.06.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 10 days for the same;
(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;
(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment;
(v) if the Petitioner is found entitled to any monetary benefits, the same shall be paid along with working-sheet showing its calculation within a period of three months from the date of passing of that order; and 3/6
(vi) the report of such compliance shall be filed by 30.06.2024 before the Registrar (Judicial) of the Court.
In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
23.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.03.2024.
pal/kv To
1. The Secretary to Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Director of Rural Development and Panchayat Raj, Chennai - 600 015.
3. The District Collector, Kallakurichi, Kallakurichi District.
4. The Project Director, District Rural Development Agencies, Kallakurichi, Kallakurichi District.
5. The Block Development Officer (Village Panchayat), Chinnasalem, Kallakurichi District.
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Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.
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P.D. AUDIKESAVALU, J.
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