K.Saravanan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2019
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.7076 of 2019 K.Saravanan
...Petitioner
Vs
1. The State of Tamil Nadu, Rep. by its Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai 600 009.
2. The Commissioner / Director of Rural Development, Panagal Building, Saidapet, Chennai - 600 005.
3. The Collector, Thiruvannamalai District, Thiruvannamalai.
4. The Assistant Director of Panchayat, Thiruvannamalai District, Thiruvannamalai.
5. The Special Officer, Block Development Officer, (Village Panchayat), Kalasapakkam Panchayat Union, Kalasapakkam - 606 751, Thiruvannamalai District.
6. P.Arumugam, The Secretary, The Secretary, Melpalur Panchayat, Keezhpadi post, Kadaladi, Kalasapakkam Taluk, Thiruvannamalai District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ or order or orders or direction particularly in the nature of Writ of Mandamus, directing the respondents 2 to 5 to initiate appropriate proceedings against the 6th respondent for his illegalities,
irregularities and misappropriation of panchayat funds under the provisions of the Tamil Nadu Panchayat Act and its Rules, consequently, direct the 2nd respondent to recover the misappropriation of panchayat funds from the 6th respondent for non disbursement of wages to the labourers.
For Petitioner :Mr.K.Balu For Respondents : Mr.R.S.Selvam Govt.Advocate for R1-R4 Mrs.K.Bhuvaneswari ffor R5
O R D E R
The relief sought for in the present writ petition is to direct the respondents 2 to 5 to initiate appropriate proceedings against the 6th respondent for his illegalities, irregularities and misappropriation of the funds of the Panchayat under the provisions of the Tamil Nadu Panchayat Act and its Rules and consequently, recover the funds which all are misappropriated by the 6th respondent.
2. The learned Government Advocate made a submission with reference to the complaint made by the writ petitioner that, the enquiry report has been already submitted by the 5th respondent / Block Development Officer, in proceeding dated 18.09.2018. The copy of the report was communicated to the District Collector, Thiruvannamalai. In view of the fact that, the enquiry report has already been submitted by the Block Development Officer, the District Collector, Thiruvannamalai / 3rd respondent is directed to consider the report submitted and initiate appropriate action on merits and in accordance with law as expeditiously as possible.
3. Accordingly, the writ petition stand disposed of. No Costs.
Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar Pkn To
1. The Secretary, State of Tamil Nadu, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai 600 009.
2. The Commissioner / Director of Rural Development, Panagal Building, Saidapet, Chennai - 600 005.
3. The Collector, Thiruvannamalai District, Thiruvannamalai.
4. The Assistant Director of Panchayat, Thiruvannamalai District, Thiruvannamalai.
+1cc to Mr. K.Balu, Advocate, S.R.No. 27012 +1cc to the Government Pleader, S.R.No. 26875 W.P.No. 7076 of 2019 SR(CO) GN(23/04/2019)