J.Jayalakshmi Sankar v. The Director Of Rural Development
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2020
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.15601 of 2020 and W.M.P.No.19456 of 2020 J.Jayalakshmi Sankar .. Petitioner -vs1. The Director of Rural Development and Panchayat Raj, Panagal Maligai, Saidapet, Chennai - 600 015.
2. The District Collector - cum- District Rural Development Agency,
3. The Project Director, District Rural Development Agency (DRDA),
4. The Assistant Director of Panchayats,
5. The Block Development Officer, Karimangalam Panchayat Union, Karimangalam, Dharmapuri District.
.. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the Respondents 2 to 5 herein from processing, conducting or finalizing any tenders pursuant to e-tender notification dt 28.08.2020 issued by 2nd respondents herein in any form relating to any works including the works of 1.Strengthening to the road from Periyampatty Thippampatty Road to Odasalkarai Km.0/0-0/400, and 2.Strengthening to the Road from Raji Kottai BT Road to Konnan Karai Km 0/0-0/600 from and out of funds allotted under 14th Finance Commission Grant 2019-2020 as proposed by the 5th respondent unilaterally by
utilizing the available funds from and out of Fourteenth and Fifteenth Finance Commission (FFC) including funds allotted under Jal Jeevan Mission Scheme and Mahatma Gandhi National Rural Employment Guarantee Scheme etc., without any resolution and approval of the Periyampatty Village Panchayat. For Petitioner : Mr.R.Thamaraiselvan For Respondents: Mr.Balamurugane Special Government 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 ebsi/lpp To 1.The Director of Rural Development and Panchayat Raj, Panagal Maligai, Saidapet, Chennai - 600 015.
2. The District Collector - cum- District Rural Development Agency,
3. The Project Director, District Rural Development Agency (DRDA),
4. The Assistant Director of Panchayats,
5. The Block Development Officer, Karimangalam Panchayat Union, Karimangalam, Dharmapuri District.
+1 cc to The Government Pleader, Sr.No. 36094 W.P.No.15601 of 2020 and W.M.P.No.19456 of 2020 SR(CO) RMP(10/12/2020)