R.Rajendiran v. The Director Of Rural Department And Panchyat Raj
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.02.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Rajendiran .. Petitioner Vs 1 The Director of Rural Department and Panchyat Raj Panagal Maaligai Chennai - 600 015.
2 The District Collector/Chairman District Rural Development Agency Villupuram District, Villupuram.
3 The Additional Collector Development District Rural Development Agency Villupuram District, Villupuram.
4 The Block Development Officer Village Panchayats, Melmalaiyanur Union 5 The Union Overseer (For Sitheri Village Panchayat) Melamalaiyanur Union
6 The Panchayat Secretary Sitheri Village Panchayat Melmalaiyanur Union .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the second and third respondents to conduct enquiry upon the representation of the petitioner dated 24.11.2022 within a stipulated time. For the Petitioner : Mr.C.Munusamy For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 4
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) R.Rajendiran, son of Ramanujam, a resident of Melmalaiyanur Taluk, Villupuram District, without even giving the bare minimum particulars whatsoever, has unnecessarily filed this writ petition seeking issuance of a writ of mandamus directing respondents 2 and 3 to conduct enquiry into the representation of the petitioner dated 24.11.2022.
2. Mr.C.Munusamy, learned counsel appearing for the petitioner, submitted that the village panchayat administration indulged in large-scale malpractices and misappropriation of village panchayat funds allocated through the Mahatma Gandhi National Rural Employment Guarantee Scheme. He has also stated that respondents 5 and 6 have swindled the funds allocated for construction of cement concrete check dam at Eri Varathuvaikal in Sitheri. In this regard, the petitioner sent a representation to the respondent authorities and as the same did not evoke any response, the petitioner has been advised to file this writ petition.
3. We have gone through the bald affidavit filed in support of the writ petition running into six pages. Nowhere in the affidavit the petitioner has mentioned the year in which the alleged malpractices and misappropriation of funds took place. Secondly, the details as to how much money was sanctioned to the village panchayat under the Mahatma Gandhi National Rural Employment Guarantee Scheme are not furnished. Thirdly, the details as to how much money was sanctioned for construction of the check dam are not given.
Fourthly, how much money has been swindled from the funds sanctioned under the Mahatma Gandhi National Rural Employment Guarantee Scheme is not stated. The petitioner has not done the basic research to substantiate the allegations levelled. The affidavit is vague and bereft of necessary particulars. This Court is unable to accept the prayer as it has not been substantiated with any materials on record.
4. For the reasons aforesaid, the writ petition is dismissed with costs assessed at Rs.15,000/- payable by the petitioner to the credit of Madras High Court Advocate Clerks' Welfare Association within a period of two weeks from the date of receipt of a copy of this order for wasting the precious court time.
(T.R., ACJ.) (D.B.C., J.) 15.02.2023 Index :
No No sasi
To:
1 The Director of Rural Department and Panchyat Raj Panagal Maaligai Chennai - 600 015.
2 The District Collector/Chairman District Rural Development Agency Villupuram District, Villupuram.
3 The Additional Collector Development District Rural Development Agency Villupuram District, Villupuram.
4 The Block Development Officer Village Panchayats, Melmalaiyanur Union
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 15.02.2023