M.Krishnasamy v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 24/03/2025
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.4369 of 2025 M.Krishnasamy ... Petitioner Vs
1. The Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, State Nodal Officer, (Jal Jeevan Mission - Jjm), Secretariat, St.George Fort, Chennai.
2. The Director of Rural Development, Rural Development and Panchayat Raj Department, Panagal Maligai, Saidapet, Chennai - 600 015..
3. The Managing Director / Twad, Board, the Mission Director, (Jal Jeevan Mission - Jjm), State Water and Sanitation Mission (Jjm Cell), Kamarajar Road, Chepauk, Chennai - 600.
4. The District Collector, Virudhunagar District, Virudhunagar..
5. The Project Director, District Rural Development Agency (Drda), Collector Office Campus, Virudhunagar District.. 1/7
6. The Block Development Officer,(Village Panchayat), O/o.The Block Development Officer, Aruppukottai - 626 101, Virudhunagar District..
7. N.Suriya Kumari, The Block Development Officer (Village Panchayat), O/o.The Block Development Officer, Aruppukottai - 626 101, Virudhunagar District..
8. The Deputy Block Development Officer, (Village Panchayat), O/o.The Block Development Officer, Aruppukottai - 626 101, Virudhunagar District..
9. S.Muthulakshmi
10. G.Balamurugan
11. M.Murugan ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 2 to 5 to take necessary and appropriate action against the respondents 7 to 11 by considering petitioners representation dated 13.01.2025 submitted to the 4th respondent herein, which dealt with the malpractices and misappropriation committed in connection with the implementation of Jal Jeevan Mission Scheme in Palayampatti Village Panchayat, Virudhunagar District.
For Petitioner : Mr.R.Vinothkumar For Respondents : Mr.P.Thilak Kumar for R1,R2, R4 and R6 Government Pleader 2/7
ORDER
(Order of the Court was made by S.SRIMATHY, J.) The writ petition has been filed directing the respondents 2 to 5 to take necessary and appropriate action against the respondents 7 to 11 by considering petitioner's representation dated 13.01.2025 submitted to the 4th respondent herein, which dealt with the malpractices and misappropriation committed in connection with the implementation of Jal Jeevan Mission Scheme in Palayampatti Village Panchayat, Virudhunagar District.
2. By consent, the writ petition itself is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that as per the Jal Jeevan Mission Scheme (JJM Scheme) is a Central Government Scheme and the main object of the scheme is to provide water supply to the general public and in every Panchayats, one account is maintained with the Bank. As far as the petitioner's village is concerned, one such bank account is maintained. While so, the 6th respondent furnished details under the RTI 3/7
Act that there are two accounts maintained under the JJM Scheme for the petitioner's Panchayat. Since there are malpractices and discrepancies, the petitioner has sent a representation to the official respondents on 13.01.2025. Since the said representation was not considered so far, the petitioner is before this Court with this writ petition.
4. When the writ petition was taken up for hearing, the learned Government Pleader submitted that departmental proceedings cannot be initiated against the officials based on public interest litigation, for which, he relied on a decision of a Coordinate Bench of this Court dated 08.01.2025 in WP(MD) No.397/2025.
5. Heard the learned counsel for the petitioner and the learned Government Pleader for the official respondents.
6. After considering the rival submissions and upon perusing the affidavit filed in support of the writ petition, it shows that the Panchayat has opened two accounts and has transacted the amount to the other account, which is not permissible under the Scheme. Therefore, the first 4/7
respondent, who is the State Level Nodal Officer of the JJM Scheme, is directed to scrutinize the accounts and if there is any discrepancies or any malpractices alleged/found, action shall be initiated in accordance with law.
7. With the aforesaid observation and direction, the writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed.
[J.N.B.,J] [S.S.Y.,J] 24.03.2025 NCC : Yes/No Index : Yes/No RR 5/7
To
1. The Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, State Nodal Officer, (Jal Jeevan Mission - Jjm), Secretariat, St.George Fort, Chennai.
2. The Director of Rural Development Rural Development and Panchayat Raj Department, Panagal Maligai, Saidapet, Chennai - 600 015..
3. The Managing Director / Twad, Board, the Mission Director, (Jal Jeevan Mission - Jjm), State Water and Sanitation Mission (Jjm Cell), Kamarajar Road, Chepauk, Chennai - 600.
4. The District Collector, Virudhunagar District, Virudhunagar..
5. The Project Director, District Rural Development Agency (Drda), Collector Office Campus, Virudhunagar District..
6. The Block Development Officer,(Village Panchayat), O/o.The Block Development Officer, Aruppukottai - 626 101, Virudhunagar District..
7. The Deputy Block Development Officer, (Village Panchayat), O/o.The Block Development Officer, Aruppukottai - 626 101, Virudhunagar District..
6/7
J.NISHA BANU, J AND S.SRIMATHY, J.
RR
ORDER
IN WP(MD) No.4369 of 2025 Date : 24/03/2025 7/7