Madras High CourtWP/26395/2019disposed of

K.Sekar v. The Government Of Tamil Nadu,

2023-11-22Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Sekar ..

Petitioner Vs.

1. Government of Tamil Nadu Rep. by its Principal Secretary Rural Development and Panchayat Raj Department Fort St. George, Chennai 600 009.

2. The Director Rural Development and Panchayat Raj Panagal Maligai 4th & 5th Floor, Abdul Razzak Street West Saidapet, Chennai 600 015.

3. The District Collector Villupuram District Villupuram 605 102.

4. Mahendran

5. Johnson Babu

6. Stehen Jayachandran

7. Mohammed Yasin

8. P.Dhandapani ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 2 and 3 to take appropriate action against the respondents 4 to 7 for the misappropriation of funds which are allotted under various schemes and projects for the Sevittukulam Pond in Kandamangalam Village, Villupuram Taluk and District under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) based on the representations dated 19.03.2018, 20.06.2018 and 26.11.2018. For the Petitioner : Mr.Ravichandran Sundaresan For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 3 Mr.N.Ponraj for Respondent-4 Not ready in Notice for Respondents 5 & 7 No appearance for Respondents 6 & 8

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Ravichandran Sundaresan, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government

Pleader for the respondents 1 to 3 and Mr.N.Ponraj, learned counsel for the fourth respondent.

2. Learned counsel for the petitioner submits that appropriate action be directed to be taken against the respondents 4 to 7 for the misappropriation of funds allotted under various Schemes and projects for the Sevittukulam pond in Kandamangalam Village.

3. According to learned counsel, the eighth respondent/ encroacher had planted trees and the same are shown as being done under the MGNREGA Scheme. The funds are misappropriated.

4. The petitioner had earlier filed writ petition bearing No.7429 of 2019. In the said writ petition also, the relief sought was to take action against the concerned authorities in respect of misappropriation of funds alloted under various schemes and the projects for the said Sevittukulam pond under the MGNREGA Scheme.

5. A Division Bench of this Court had observed that it is open to

the petitioner to approach the appropriate forum in respect of action to be taken against the alleged misappropriation of funds. For the same relief, second writ petition is not maintainable.

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

(S.V.G., CJ.) (D.B.C., J.) 22.11.2023 Index :

Yes/No :

Yes/No kpl To

1. The Principal Secretary Rural Development and Panchayat Raj Department Fort St. George, Chennai 600 009.

2. The Director Rural Development and Panchayat Raj Panagal Maligai, 4th & 5th Floor, Abdul Razzak Street West Saidapet, Chennai 600 015.

3. The District Collector Villupuram District, Villupuram 605 102.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 22.11.2023