V.Selvam, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2016
CORAM:
THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P.No.32193 of 2016 V.Selvam President, Kammalapatti Panchayat, Panamarathupatti Union, Salem District.
... Petitioner Vs.
1.The District Collector, Salem.
2.The Project Director, District Rural Development Agency, Collectorate, Salem.
3.The Assistant Director, District Rural Development (Panchayats) Salem.
4.The Block Development Officer, Panamarathupatti Panchayat Union, Salem District.
5.The Branch Manager, State Bank of India, Tirumanur Branch, Salem District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari, to call for the entire records relating to the impugned letter in Na.Ka.No.T1/66/2015, dated 12.08.2016 issued by the 4th respondent to the Branch Manager, State Bank of India, Tirumanur Branch, i.e. 5th respondent and quash the same. For Petitioner :
Mr.R.Ezhilarasan For R1 to R3 :
Mr.K.Thangapandi Government Advocate
For R4 :
Mr.S.T.S.Murthi, Additional Advocate General assisted by Mr.P.Chinnadurai
O R D E R
The Writ Petition has been filed challenging the Government Order, dated 12.08.2016 issued by the 4th respondent to the 5th respondent/State Bank of India, Tirumanur Branch, prohibiting him from making any payment from the accounts of Kammalapatti Panchayat.
2.
By virtue of the said order, the amount payable for the work done already, for which a cheque was also given to the tune of Rs.3,44,988/-, could not be encashed by the Panchayat. Therefore, the Writ Petition has been filed.
3.
A perusal of the records reveals that the work was already completed and based on that, approval was granted for payment of the said amount and the payment was approved by proceedings dated 18.01.2016. The cheque was also issued on 27.06.2016. Only thereafter, the proceedings dated 12.08.2016 has been issued. Once the work is completed and approval has been granted for payment, merely because the cheque was not encashed, there cannot be any prohibition, prohibiting either the Panchayat or the Panchayat President or the Secretary from encashing it. Therefore, this Court, by virtue of the order dated 21.10.2016, directed the 5th respondent Bank to pass a cheque for a sum of Rs.3,44,988/- drawn in favour of the petitioner or the Secretary on 24.10.2016 itself. 4.
When the matter is called today, it is reported that the cheque has been encashed on 24.10.2016. Further, the period of Presidentship of the petitioner has already come to an end yesterday. In view of the same, no further order need to be passed in this petition.
5.
Hence, this Writ Petition is closed. No costs. Consequently, connected W.M.P.Nos.27923 and 27924 of 2016 are closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
aeb To:
1.The District Collector, Salem.
2.The Project Director, District Rural Development Agency, Collectorate, Salem.
3.The Assistant Director, District Rural Development (Panchayats) Salem.
4.The Block Development Officer, Panamarathupatti Panchayat Union, Salem District.
5.The Branch Manager, State Bank of India, Tirumanur Branch, Salem District.
+1cc to Mr.R.Ezhilarasan, Advocate, S.R.No.60929 +1cc to Mr.P.Chinnadurai, Advocate, S.R.No.60906 +1cc to the Government Pleader, S.R.No.61565 W.P.No.32193 of 2016 GJ II(CO) CA(30/11/2016)