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Madras High CourtWP/27600/2023disposed of

D.Sridharan v. Government Of India

2023-09-21Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.27600 of 2023 D.Sridharan

...Petitioner

Vs.

1.Government of India, Rep. By Secretary, Ministry of Housing and Urban Affairs, Town and Country Planning Organization, New Delhi.

2.Government of India, Rep. By Secretary, Department of Rural Development and Panchayat Raj Department, Fort St. George, Rajaji Road, Chennai - 600 009.

3.The Secretary, Housing and Urban Development, Fort St. George, Rajaji Road, Chennai - 600 009.

4.The Director, Directorate of Rural Development and Panchayat Raj, Panagal Maligai, 4th&5th Floor, Saidapet, Chennai - 600 009.

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5. The Director, Town and Country Planning, Opp to LIC, Sengalvarayan Building, 4th floor, No.807, Anna Salai, Chennai - 600 009.

6. The District Collector, Collectorate Building, Vellore District.

7. The Tahsildhar, Taluk Office, Anaicut Taluk, Vellore District 8.The Block Development Officer(Village Panchayat), Anaicut Union, Vellore District 9.The Divisional Asst. Block Development Officer, Anaicut Union, Vellore District.

10.Mr. Senthil Kumar Village Panchayat President, Genganallur village president, Anaicut Union, Vellore District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 6th respondent to consider petitioner's representation dated 20.02.2023 and 28.07.2023 addressed highlighting the acts of 10th respondent in misappropriating the funds that were allotted for the implementation of Construction of Rural Connectivity Single layer WBM Road and Pradhan Mantri Awaas Yojana-Gamin (PMAY) at Anaicut Panchayat Union, Genganallur Village, Anaicut Taluk, Vellore District and to take necessary action in that regard and to file a status report within the time frame to be fixed by this Hon'ble Court. 2/6

For Petitioner : Mr. D. Thirumoorthy For Respondent 1 : Mr.R. Subramanian, Addl.Central Govt. Standing Counsel For respondents 2 to 7 : Mr. P. AnadhaKumar, Government Advocate For respondents 8 and 9 : Mr. P. Ganesan, Additional Government Pleader

O R D E R

The petitioner herein seeks the direction to 6th respondent to consider his representation dated 20.02.2023 and 28.07.2023 and take appropriate action against the 3rd respondent based on his representation.

2. According to the petitioner, the 10th respondent, who is the President of Genganallur Village Panchayat indulged in misappropriation of funds allotted for certain specific schemes and in this regard, he submitted a representation on 20.02.2023 and 28.07.2023 to 6th respondent seeking action against 10th respondent and same has not been considered.

3. Mr.R.Subramanian, learned Additional Central Government Standing Counsel takes notice for the 1st respondent. Mr.P.AnadhaKumar, learned Government Advocate takes notice for the respondents 2 to 7. Mr.P.Ganesan, 3/6

learned Additional Government Pleader takes notice for the 8th and 9th respondents.

4. Mr.P.AnadhaKumar, learned Government Advocate appearing for the respondents 2 to 7 submits that representation of the petitioner will be considered on merits and in accordance with law.

5. In view of the said statement made by the learned Government Advocate, this Court, without expressing any opinion on the merits of the claim made by the petitioner, is inclined to direct the 6th respondent to consider the representation of the petitioner dated 28.07.2023 and pass orders on merits and in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 21.09.2023 Index : Yes/No Internet : Yes/No 4/6

Speaking Order/Non-Speaking Order : Yes/No nr To

1. The Secretary, Ministry of Housing and Urban Affairs, Town and Country Planning Organization, New Delhi.

2.The Secretary, Department of Rural Development and Panchayat Raj Department, Fort St. George, Rajaji Road, Chennai - 600 009. 3.The Secretary, Housing and Urban Development, Fort St. George, Rajaji Road, Chennai - 600 009.

4.The Director, Directorate of Rural Development and Panchayat Raj, Panagal Maligai, 4th&5th Floor, Saidapet, Chennai - 600 009.

5. The Director, Town and Country Planning, Opp to LIC, Sengalvarayan Building, 4th floor, No.807, Anna Salai, Chennai - 600 009.

6. The District Collector, Collectorate Building, Vellore District.

7. The Tahsildhar, Taluk Office, Anaicut Taluk, Vellore District 8.The Block Development Officer(Village Panchayat), 5/6

Anaicut Union, Vellore District 9.The Divisional Asst. Block Development Officer, Anaicut Union, Vellore District.

S.SOUNTHAR , J.

nr/kpk W.P No.27600 of 2023 21.09.2023 6/6