K.Arumugam v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Writ Petition No.23003 of 2014 1.K.Arumugam 2.P.Kannan ...

Petitioners Vs 1.The Collector, Villupuram District 2.Tmt.Rani Selvakumar President, Othiyathur Panchayat Othiyathur, Periamur Post Senji Taluk, Villupuram District 3.Tmt.Uma Sigamani Vice President Othiyathur Panchayat Othiyathur, Periamur Post Senji Taluk, Villupuram District ...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to enquire on the representations dated 02.12.2013 and 16.06.2014 and to take appropriate action against respondents 2 and 3, if they are found guilty.

For the Petitioners :

Mr.T.Varadarajulu For the Respondents :

Mrs.R.Anitha, Special Government Pleader, for the first respondent Mr.B.Anandan, for the second respondent No appearance for the third respondent

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.T.Varadarajulu, learned counsel for the petitioners, Mrs.R.Anitha, learned Special Government Pleader, for the first respondent and Mr.B.Anandan, learned counsel for the second respondent.

2. Learned counsel for the petitioners submits that respondents 2 and 3 are engaged in large scale misappropriation of amounts. Welfare schemes were sought to be implemented. A sum of Rs.139/- is required to be paid to the labourers as daily wages. Respondents 2 and 3 were paying only a sum of Rs.80/- and retaining Rs.59/- with them. However, they obtained receipt for the entire amount of Rs.139/-. Moreover, dead persons are shown as employees and amount is paid

to them as daily wages. Such large scale illegalities are committed. Though the petitioners represented to the authority concerned, no cognizance is taken of it. The first respondent be directed to enquire into the misappropriation of funds by respondents 2 and 3.

3. The acts of omissions and commissions, as are contended by the petitioners, is of the year 2013. The term of the panchayat is also over.

4. Moreover, we do not have any death certificates of the persons whom the petitioners allege were dead and payments made to them. Nothing fruitful will come up now.

5. In the light of the above, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 06.06.2023 Index : yes/no : Yes/No tar

To:

1.The Collector, Villupuram District 2.The President, Othiyathur Panchayat Othiyathur, Periamur Post Senji Taluk, Villupuram District 3.The Vice President Othiyathur Panchayat Othiyathur, Periamur Post Senji Taluk, Villupuram District

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) Writ Petition No.23003 of 2014 06.06.2023