Deepa Anbazhagan v. The Director Of Rural Development And Panchayat Raj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.15530 of 2020 and WMP.No.19386 of 2020 Deepa Anbazhagan ... 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 District, Dharmapuri.

5.The Block Development Officer, Karimangalam Panchayat Union, Karimangalam, Dharmapuri District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, forbearing the respondents 2 to 5 herein from processing, conducting or finalizing any tenders in any form relating to any works including the work of upgradation of a roads in Adilam 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 the second respondents by utilizing the available funds from and out of fourteen and fifteen 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 Village Panchayat and pass orders.

For Petitioner : Mr.R.Thamaraiselvan For Respondents : Mr.E.Balamurugan, Special Government Pleader.

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O R D E R

The issue that has been raised in the present Writ Petition is covered by the order passed by this Court in the batch of Writ Petitions in WP.Nos.10303, 10427, 10691, 11009, 11515, 11693, 11742, 11749, 12091, 12098, 12118, 12141, 12159, 12163, 12169, 12172, 12176, 12403, 12455, 12471, 12486, 12489, 12515, 12565, 13382, 13392, 13399, 13418, 13474, 13521, 13523, 13548, 13807, 13865 & 13987 and 14020 of 2020 dated 9.10.2020. Consequently, the direction given by this Court will equally apply to the present writ petition also.

2. Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

3. 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(CS) //True Copy// Sub Assistant Registrar rli To 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 District, Dharmapuri.

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

+1cc to the Government Pleader SR.NO.35642 W.P.No.15530 of 2020 and WMP.No.19386 of 2020 RGN CO SDR 19/12/2020 https://hcservices.ecourts.gov.in/hcservices/