M. Mohanasundaram v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23-08-2018
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.15633 of 2016 And W.M.P.No.13586 of 2016 M.Mohanasundaram ..
Petitioner Vs.
1.Government of Tamil Nadu, Represented by Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009.
2.The Director of Town Panchayats, Kuralagam (IV Floor), Chennai-600 108.
3.The District Collector, Salem District, Salem.
4.The Assistant Director of Town Panchayats, Salem.
5.Veerakal Pudur Town Panchayat, Represented by its Executive Officer, Mettur Taluk, Salem District.
..
Respondents PRAYER:
Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 (1) to initiate action on the Audit Report for 2006-07 of Veerakal Pudur Town Panchayat (Paras 41, 42 and 44) to recover the loss from the concerned Executive Officers of Town Panchayat (2) to cancel Resolution No.643 (9) dated 26.2.2016 of Veerakal Pudur Town Panchayat, Salem District.
For Petitioner : Mr.M.Ravi For Respondents-1to4 : Mr.A.Ansar, Government Advocate.
For Respondent-5 : Mrs.M.E.Rani Selvam
O R D E R
The grievance of the writ petitioner is that there are largescale financial irregularities in respect of Veerakal Pudur Town Panchayat, Mettur Dam. The writ petitioner being a Councilor of Ward No.VI made several complaints to the authorities competent and no action has been taken in respect of the said irregularities and illegalities alleged to have been committed by the Oficials and other elected persons.
2. In this regard, the writ petitioner sent a representation to the second respondent-Director of Town Panchayats, Chennai108, on 12.4.2016 and no action has been taken till today. Thus, the writ petitioner is constrainede to move the present writ petition.
3. In respect of the Town Panchayts to the Officials concerned are bound to maintain proper accounts and spent money judiciously. If there is any illegality or irregularity, then the Director and other competent officials are bound to initiate action.
4. In this view of the matter, without going into the merits of the case, the second respondent is directed to consider the representation submitted by the writ petitioner on 12.4.2016 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the representation and the documents, if any, available along with the order passed in this writ petition.
5. Accordingly, the writ petition stands disposed of. However, therer shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
Svn To 1.The Secretary to Government, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009.
2.The Director of Town Panchayats, Kuralagam (IV Floor), Chennai-600 108.
3.The District Collector, Salem District, Salem.
4.The Assistant Director of Town Panchayats, Salem.
+1cc to Mr.M.Ravi, Advocate sr.no.57798 +1cc to Special Government Pleader sr.no.57880 WP 15633 of 2016 ak(co) nr 06/09/2018