Ar.Kumar, v. Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.24770 of 2016 and WMP.No.21172 of 2016 AR.Kumar .. Petitioner -vs1.Union of India, rep. by Chief Secretary to Government, Government of Puducherry, Puducherry.
2.Joint Secretary to Government (ADWD), Government of Puducherry, Puducherry.
3.Secretary to Government, (ADW Department), Government of Puducherry, Puducherry.
4.Secretary to Government (Finance), Government of Puducherry, Puducherry.
5.Director to Adi Dravidar Welfare Department, Government of Puducherry, Puducherry.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to constitute a separate cell under the Chairmanship of the financial Advisor / Senior Accounts Officer in the Adi Dravidar Welfare Department associating the office bearers of the various SCST Welfare Organisations and the social welfare organisations in order to effectively monitor the manner in which the fund under the SCSP was utilised.
For Petitioner :
Mr.M.Gnanasekar For Respondents :
Mr.Su.Srinivasan Asst. Solicitor General for R1 Mr.M.Govindaraj Govt. Pleader (Pondy) for R2 to R5 * * * * *
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The writ petition has been filed on the general allegation of diversion of funds in Puducherry meant for the benefit of the Scheduled Caste community under Scheduled Caste Sub Plan (SCSP). The petitioner wants a separate department to be created to manage the same.
2. The aforesaid falls completely within the administrative domain of the elected Government. There is no specific allegation, which is required to be looked into of diversion of 'X' amount of funds in a particular department. The Court cannot take over the functioning of the Government by creating departments.
3. We are not inclined to entertain this public interest litigation in the form filed.
4. The writ petition is dismissed. No costs. Consequently, WMP.No.21172 of 2016 is closed.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Chief Secretary to Government, Government of Puducherry, Puducherry.
2.The Joint Secretary to Government (ADWD), Government of Puducherry, Puducherry.
3.The Secretary to Government, (ADW Department), Government of Puducherry, Puducherry.
4.The Secretary to Government (Finance), Government of Puducherry, Puducherry.
5.The Director to Adi Dravidar Welfare Department, Government of Puducherry, Puducherry.
+1 cc to Mr.M.Gnanasekar,advocate,sr.40798 +1 cc to Mr.Su.srinivasan, advocate,sr.40506 +1 cc to Govt.Pleader,sr.40219.
ak(co) krd 5/8 W.P.No.24770 of 2016