K.Sellakannu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.04.2021 Coram The Honourable Mr.Justice D.KRISHNAKUMAR W.P.No.29439 of 2018 and W.M.P.No.34407 of 2018 Mr.K.Sellakannu

...Petitioner

Versus

1.The District Collector, Cuddalore District, Cuddalore.

2.Assistant Director, Village Panchayat, Cuddalore District.

3.Block Development Officer, Mangalur Panchayat Union, Mangalur, Cuddalore District.

...Respondents

This Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 21.05.2018 in a time frame fixed by this Court.

For Petitioner :

Mr.A.M.Venkatakrishnan For Respondents - 1 & 2 :

Mr.D.Suryanarayanan, Government Advocate Respondent - 3 :

Mr.K.T.Devendran

O R D E R

With the consent on both sides, this Writ Petition is taken up for final disposal.

2. The case of the petitioner is that he was the President of M.Pudur Village Panchayat in the Mangalur Union in Cuddalore District from the year 2011 to 2016. During his tenure, acute

water shortage in his village. Hence, availing the surplus funds allotted in the year 2013-2014 for improving water storage facilities and drainage facilities, the petitioner decided to build two mini water tanks and bore-well along with a drainage and sewerage facility. For carrying out the aforesaid work, as against the sanctioned limit of Rs.11,72,000/-, the petitioner utilized his own funds to the tune of Rs.2,49,040/- by raising loans from various individuals. He also furnished the bills of the said work before the respondents. However, a sum of Rs.2,49,040/- spent by the petitioner has not yet been reimbursed to him. Hence, he made a representation dated 21.05.2018, before the first respondent but the same was not considered. Hence, left with no other alternative, the petitioner has filed the present writ petition before this Court.

3. The learned counsel for the petitioner would submit that the petitioner, aged 70 years, senior citizen made a representation dated 21.05.2018 before the first respondent, however, the same was not yet considered, thereafter, the petitioner gave a representation dated 06.08.2018, to the Hon'ble Chief Minister's Special Cell, Tamil Nadu but all his efforts were went in vain. He therefore prays that this Court may issue appropriate direction to the respondents to consider the representation of the petitioner and do the needful to him.

4. Considering the limited scope of prayer sought for by the petitioner as well as the submissions made by the learned counsel for the petitioner, this Court without going into the merits of the case, issues the following directions: (i) The petitioner is directed to submit a copy of his representation dated 21.05.2018 along with a copy of this order before the third respondent.

(ii) On receipt of the petitioner's representation, the third respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law, as expeditiously as possible within a period of twelve weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above directions. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mrr

To 1.The District Collector, Cuddalore District, Cuddalore.

2.Assistant Director, Village Panchayat, Cuddalore District.

3.Block Development Officer, Mangalur Panchayat Union, Mangalur, Cuddalore District.

+1cc to Mr.A.M.Venkatakrishnan, Advocate, S.R.No.24570 W.P.No.29439 of 2018 SSD(CO) CB(05/07/2021)