K.Govindharaj v. The Inspector Of Panchayat
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU WP No.21461 of 2021 K.Govindharaj
...Petitioner
-vs1 The Inspector of Panchayat and District Collector, Cuddalore District, Cuddalore.
2 The Additional Director (Panchayat), Cuddalore-607 001, Cuddalore District.
3 The Assistant Director of Rural Development (Panchayats), Vridhacahalam, Cuddalore District.
4 The Commissioner/ The Block Development Officer, Panchayat Union, Nallur, Cuddalore District.
5 R.Vidhya 6 K.Murugan 7 K.Dhanalakshmi
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1 to 4 respondents to consider the petitioner's representation dated 07.08.2021 and thereby direct the 1 to 4 respondents to take suitable action for illegal handle and misappropriation of the panchayat funds without maintaining any records or proper accounts by the respondents 6 and 7 with the knowledge of the 5th respondent.
For the Petitioner : Mr.B.Gopalakrishnan For the Respondents : Mr.P.Muthukumar State Government Pleader for RR 1 to 4.
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner complains of panchayat funds being misappropriated by the private respondent Nos.5, 6 and 7.
2. Mr.P.Muthukumar, learned State Government Pleader, takes notice on behalf of the respondent Nos.1 to 4 and submits that if panchayat funds have been used without any appropriate resolution, it is the District Collector who can look into the matter.
3. Without going into the merits of the allegations levelled by the petitioner against the private respondents, WP No.21461 of 2021 is disposed of by permitting the petitioner to carry a detailed representation in respect of the matters complained of to the first respondent District Collector within a fortnight from date. Upon receipt of such representation, the District Collector will cause an inquiry to be made upon notice to the private respondents. The District Collector's reasoned order in such regard should be communicated to the petitioner and others affected thereby within a period of ten weeks of the receipt of the petitioner's representation.
4. If any action is called for, the District Collector will take immediate urgent steps in such regard to ensure that funds squandered are recovered at the earliest.
5. Since no prejudice may be suffered by the private respondents by virtue of this order and the private respondents have been required to be served notice by the District Collector before embarking on any inquiry, previous service on the private respondents is not deemed necessary at this stage. However, the petitioner will be obliged to forward copies of the petition and this order to the private respondents as expeditiously as possible.
There will be no order as to costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sra
To:
1 The Inspector of Panchayat and District Collector, Cuddalore District, Cuddalore.
2 The Additional Director (Panchayat), Cuddalore-607 001, Cuddalore District.
3 The Assistant Director of Rural Development (Panchayats), Vridhacahalam, Cuddalore District.
4 The Commissioner/ The Block Development Officer, Panchayat Union, Nallur, Cuddalore District.
+1 cc to M/s.Gopala Krishnan,Advocate Sr.No. 51888 +1 cc to the Government Pleader,Sr.52057 WP No.21461 of 2021 BS[co] NSK 11/10/2021