A.Duraisamy v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2024 CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Writ Petition No.33744 of 2014 and MP Nos.1,2 of 2014 & WMP.No.3183 of 2016 A.Duraisamy ....
Petitioner -Vs1.The Principal Secretary Government of Tamil Nadu Rural Development and Panchayat Dept., Fort St.George,Chennai.
2. The District Collector-cum- Inspectors of Panchayat Erode and District.
3. The Assistant Director of Rural Development (Auditing) Erode & District.
.. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records from the respondents pertaining to the impugned surcharge Notice Na.Ka.No.849/2011/A4 dated 21.9.2011 issued by the 3rd respondent and modified impugned final order Na.Ka.No.849/2011/A4 dated 2.3.2012 issued by the 2nd respondent and the 1 / 4
G.O. (Pa) 413 dated 25.9.2014, Rural Development and Panchayat (Para 4) Department passed by the 1st respondent and quash the same. For Petitioner : No Appearance For Respondents : Mr. V.Nanmaran Additional Government Pleader
O R D E R
The Writ Petition has been filed in the nature of a Certiorari seeking records relating to a surcharge notice dated 21.09.2011, issued by the 3rd respondent and the final order dated 02.03.2012, issued by the 2nd respondent and G.O(Pa) 413 dated 25.09.20154, passed by the 1st respondent and quash all the same.
2.In the affidavit filed in support of the writ petition, it had been contended that the petitioner was the President of Gangapuram Village Panchayat for the years 2001 till 2006 and again from 2006 to 2011. It had been stated that during periodm it had been contended that he had caused loss of Rs.9,15,616/-. All the impugned orders were passed consequent to such determination of loss. 2 / 4
3.An additional counter affidavit had been filed by the 3rd respondent, wherein it had been stated that an order of interim stay had been granted subject to the condition that the petitioner deposits a sum of Rs.1,00,000/-. It had been stated that the petitioner had not deposited a sum of Rs.1,00,000/- from the date of the order viz., 19.12.2024 to till date. It is clear that the petitioner had not only caused paid a loss to the Panchayat but had also not abided with the order of this Court.
4.There is no representation on behalf of the learned counsel for petitioner on the earlier occasion and also today.
5.The Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
05.12.2024 Index : Yes/No NCS : Yes/No KP 3 / 4
C.V.KARTHIKEYAN.,J KP To 1.The Principal Secretary Government of Tamil Nadu Rural Development and Panchayat Dept., Fort St.George,Chennai.
2. The District Collector-cum- Inspectors of Panchayat Erode and District.
3. The Assistant Director of Rural Development (Auditing) Erode & District.
Writ Petition No.33744 of 2014 05.12.2024 4 / 4