Balamurugan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 32840 of 2023 Balamurugan ... Petitioner -vs1. The District Collector Office of District Collector

2. The Additional Deputy Collector / Project Director District Rural Development Agency Office of District Collector

3. The Zonal Deputy Block Development Officer Union Office Thalainayar

4. The Block Development Officer Village Panchayat Union Office Thalainayar

5. The Thasildhar Office of Vedharnayam Thasildhar Vedharanyam, Nagapattinam District.

... Respondents 1/6

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First to Fourth Respondents to include the Petitioner name in the beneficiary list of Participation of identification of the poor for the scheme of sanction of Individual Asserts under MGNERA and further direct to the Respondents to prepare the list of beneficiaries as per the guidelines of ROC No.18324/2023/MGNREGS-1-1 dated 02.09.2023 in pursuant to Petitioner representation dated 13.11.2023.

For Petitioner :

Mr. P.Muthamizhselvakumar For Respondents :

Mr. U.Baranidharan Additional Government Pleader

O R D E R

Heard Mr. P.Muthamizhselvakumar, Learned Counsel for the Petitioner and Mr. U.Baranidharan, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that he had made a representation dated 13.11.2023 to the First to Fourth Respondents to include him in the list of beneficiaries to MGNERA scheme and prepare the list as per 2/6

the guidelines in ROC No. 18324/2023 /MGNREGS-1-1 dated 02.09.2023, but as it did not evoke any response, it has necessitated the filing of this Writ Petition.

3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 13.11.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

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(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; and (v) the report of such compliance shall be filed by 31.03.2024 before the Registrar (Judicial) of this Court.

In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs. 30.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 08.01.2024.

Maya To

1. The District Collector Office of District Collector

2. The Additional Deputy Collector / Project Director District Rural Development Agency Office of District Collector

3. The Zonal Deputy Block Development Officer Union Office Thalainayar, Nagapattinam District. 4/6

4. The Block Development Officer Village Panchayat Union Office Thalainayar

5. The Thasildhar Office of Vedharnayam Thasildhar Vedharanyam, Nagapattinam District.

Copy to

1. The Registrar (Judicial) Madras High Court, Chennai 600 104.

2. Balamurugan, S/o.Sundaresan, No.1/68, Thamaraipulam, Kallimedu, Vedharanyam Taluk, 5/6

P.D. AUDIKESAVALU, J.

Maya 30.11.2023 6/6