Madras High CourtWP/14066/2020allowed

D.Sathyavani Elango v. The Direcor Of Rural Development And Panchayat Raj

2020-10-09Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.14066 of 2020 & WMP.No.17449 of 2020 D.Sathyavani Elango W/o.Elango, President-Annamalaihalli Village Panchayat Ramiyampatty Village & Post, Karimangalam Taluk, Dharmapuri District.

... Petitioner Vs.

1. The Director of Rural Development & Panchayat Raj, Panagal Maligai, Saidapet, Chennai 600 015.

2. The District Collector - cum - District Rural Development Agency, Dharmapuri District, Dharmapuri.

3. The Project Director, District Rural Development Agency (DRDA), Dharmapuri District, Dharmapuri.

4. The Assistant Director of Panchayats, Dharmapuri.

5. The Block Development Officer, Karimangalam Panchayat Union, Karimangalam, Dharmapuri District.

... Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus to forbearing the respondents 2 to 5 herein from processing, conducting or finalising any tenders in any form relating to any works including the work of upgradation of a roads in Annamalaihalli Village Panchayat, Karimangalam Panchayat union, Dharmapuri District as proposed by the 5th respondent unilaterally pursuant to e-tender notification dated 28.08.2020 issued by 2nd respondents herein by utilizing the available funds from and out of Fourteenth and Fifteenth Finance Commission (FFC) including funds allotted under Jai Jeevan Mission Scheme and Mahatma Gandhi National Rural Employment Guarantee Scheme etc., without any resolution and approval of the Village Panchayat.

For Petitioner : Mr.R. Thamaraiselvan For Respondents: Mr.E.Balamurugan Spl. Govt. Pleader

O R D E R

The issue that has been raised in the present writ petition is covered by the orders passed by this Court in a batch of writ petitions in WP. Nos.14020, 12471, 11009, 11515, 11693, 11742, 11749, 12091, 12098,12118, 12141, 12159, 12163, 12169,12172,12176, 12172, 12403, 12455, 12486,12489, 12515, 12565, 13418, 13382, 13392, 13399, 13474, 13521, 13523, 13548, 13807, 10303, 10427,10691, 13865 & 13987 of 2020 dt. 09.10.2020. Consequently, the directions issued by this Court in the batch of writ petitions be equally apply to the present writ petition also.

Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. It is made clear that the relief claimed in this writ petition will confine itself only with regard to the 14th Finance Commission and not for any other funds which was not the subject matter of the batch.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msr To