The President v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P. No.30229 of 2022 and W.M.P.No.29667 of 2022 The President, Northampoondi Panchayat, Northampoondi Village, Tiruvannamalai, Tiruvannamalai Disrict.
... Petitioner Vs.
1. The District Collector/ Inspector of Panchayat, Tiruvannamalai, Tiruvannamalai District.
2. The Assistant Director of Panchayat, Tiruvannamalai, Tiruvannamalai District.
3. The Block Development officer, Thurinjapuram Panchayat Union, Thurinjapuram, Tiruvannamalai District.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, forbearing the respondents authorities to execute and release the payment for two works namely 1) construction of
school compound wall in new Nellimedu at Northampoondi for the value of Rs.2.75 lakhs and 2) construction of school compound wall in old Nellimedu at Northampoondi for the value of Rs 4 lakhs in accordance with the provisions of Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) and Tamil Nadu Panchayat Act 1994 and other relevant rules and regulations and grant such other relief may deem fit and proper under the circumstances of the case.
For Petitioner : Mr.R.Rajarajan For Respondents 1 and 2 : Mr.K.M.D.Muhilan Additional Government Pleader For Respondent 3 : Mr.B.Vijay
O R D E R
The Writ Petition has been filed to forbear the respondents Authorities to execute and release the payment for two works namely 1) construction of school compound wall in new Nellimedu at Northampoondi for the value of Rs. 2.75 lakhs and 2) construction of school compound wall in old Nellimedu at Northampoondi for the value of Rs 4 lakhs in accordance with the provisions of Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) and Tamil Nadu Panchayat Act, 1994 and other
relevant Rules and Regulations.
2. The grievance of the writ petitioner is that while allotting work under the Mahatma Gandhi National Rural Guarantee Employee Scheme (MGNREGS), the mandate of the Act has not been followed. According to him, Section 16 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 has been violated. Therefore, he has come up with the present writ petition.
3. The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that the work has been completed long back. He further submitted that the entire work has been completed by following the guidelines of Mahatma Gandhi National Rural Guarantee Employee Scheme and no irregularity was committed by the respondents herein. He also submitted that the third respondent/ Block Development Officer has also filed a memo to that effect.
4. Further, the photograph filed by the petitioner indicates that the work has been completed on 30.08.2022. In such view of the matter, the question of
forbearing the respondents authorities from executing and releasing the payment for works does not arise at all.
5. Accordingly, the writ petition is dismissed as infructuous. However, it is made clear that whenever any work is allotted under the Mahatma Gandhi National Rural Guarantee Employee Scheme (MGNREGS), the mandate of the Act, particularly Section 16 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 has to be followed hereafter.
6. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 12.12.2022 Index :Yes/No Internet:Yes/No nti
To
1. The District Collector/ Inspector of Panchayat, Tiruvannamalai, Tiruvannamalai District.
2. The Assistant Director of Panchayat, Tiruvannamalai, Tiruvannamalai District.
3. The Block Development officer, Thurinjapuram Panchayat Union, Thurinjapuram, Tiruvannamalai District.
N. SATHISH KUMAR, J.
nti W.P. No.30229 of 2022 12.12.2022