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Madras High CourtWP/15869/2020allowed

G.Sabarinathan v. The Director Of Rural Development

2020-11-06Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP.No.15869 of 2020 & WMP.No.19724 of 2020 G.Sabarinathan .. Petitioner Vs 1.The Director of Rural Development & .. Respondents 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, Pennagaram Panchayat Union, Pennagaram, Dharmapuri District.

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus 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 the road from Palacode Nagadasampatti Road-Thunikatti Mariyamman Kovil to Poovanmiyar Nagar Km 0/0-75 -Estimated at Rs.15 lakhs as proposed by the 5th Respondent from and out of funds allotted under 14th Finance Commission unilaterally and including utilizing the funds allotted under 15th Finance Commission, Jai Jeevan Mission Scheme and Mahatma Gandhi National Rural Employment Guarantee Scheme etc., without any resolution and approval of the Thithiyoppanahalli Village Panchayat.

For Petitioner :

Mr.R.Thamaraiselvan For Respondents :

Mr.Jayaprakash Narayanan State Govt.Pleader

ORDER

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 applied 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 (CS) // True Copy // Sub Assistant Registrar msr 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.

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

WP.No.15869 of 2020 & WMP.No.19724 of 2020 SS (CO) UMY (17.12.2020)