C.Palanivel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.20916 of 2014 C.Palanivel ... Petitioner Vs

1. The District Collector, Villupuram District, Villupuram.

2. The Block Development Officer, Gingee Panchayat Union, Gingee, Villupuram District.

3. Arunachalam

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the first respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 14.07.2014 within a stipulated time as this Hon'ble Court fixes. For Petitioner :

Mr.C.Prakasam For Respondents :

M/s.N.Senthil Selvi Government Advocate [For R1] Mr.R.Ravichandran [For R2 and R3]

O R D E R

The relief sought for in the present writ petition is to direct the first respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 14.07.2014.

2. The learned counsel for the petitioner states that the petitioner is eligible for availing the benefit of the Scheme namely, Green House Scheme introduced by the Government of Tamil Nadu. The petitioner claims that he is on poverty line and therefore, his case is to be considered. However, the name of

ineligible persons were considered for allotment of Green House by getting a sum of Rs.10,000/- to Rs.20,000/- from each person.

3. The petitioner raises serious allegations against the President, Kanakkankuppam Village Panchayat, regarding the corrupt activities allotment of Green House under the Scheme.

4. This Court of the considered opinion that eligibility of the petitioner is to be considered independently. However, the petitioner raises serious allegation of corrupt activities in the matter of implementing welfare Schemes, more so, the allegations are against the Then President, Kanakkankuppam Village Panchayat.

5. Under these circumstances, on receipt of such complaint, the District Collector, who is the Inspector of Panchayats under the provisions of the Act ought to have conduct an enquiry to cull out the truth or to find out the genuinity of the allegations. Contrarily, no action has been initiated.

6. Thus, the first respondent / District Collector, Villupuram District, is directed to conduct an enquiry and in the event of tracing out any such corrupt activities or allegations, all appropriate actions are to be initiated against all concerned.

7. As far as the writ petitioner is concerned, it is needless to state that only based on the eligibility and as per the terms and conditions, the schemes are to be implemented.

8. The learned counsel for the respondents 2 and 3 brought to the notice of this Court that the petitioner is possessing a House. Therefore, he was not made eligible.

9. However, it is for the petitioner to establish all these facts and circumstances.

10. Accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar nti/kak

To

1. The District Collector, Villupuram District, Villupuram.

2. The Block Development Officer, Gingee Panchayat Union, Gingee, Villupuram District.

+1cc to Mr.R.Ravichandran, Advocate, S.R.No.64971 W.P.No.20916 of 2014 PMK(CO) SU(17/12/2021)