B.Chinnaiah, S/O.Balaguru, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.8062 of 2019 B.Chinnaiah ... Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai.
2.The District Project Director, Sivagangai District, Sivagangai.
3.The Assistant Director of Panchayat (Rural), Sivagangai, Sivagangai District.
4.The Block Development Officer, Thiruppuvanam, Sivagangai District.
5.Perumal, Secretary, Thoothai Village Panchayat, Thoothai, Thiruppuvanam Taluk, Sivagangai District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents 1 to 4 to initiate appropriate action against the 5th Respondent for his acts of misappropriation and defalcation of the funds of the Thoothai Village Panchayat and recover the loss caused to the Thoothai Village Panchayat within the time frame fixed by this Hon'ble court.
For Petitioner :
Mr.M.Kannan For Respondents 1 to 3 :
Mr.A.Muthukaruppan, Additional Government Pleader
For 4th Respondent :
Mr.Aairam K.Selvakumar
O R D E R
(Order of the Court was made by S.S.SUNDAR, J.) This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to initiate appropriate action against the 5th Respondent for his acts of misappropriation and defalcation of the funds of the Thoothai Village Panchayat and recover the loss caused to the Thoothai Village Panchayat within a time frame.
2.The petitioner is a resident of Thoothai Village, Thiruppuvanam Taluk, Sivagangai District. The fifth respondent is working as the Secretary of Thoothai Village Panchayat. The petitioner has made several allegations of malpractice as against the fifth respondent, while acting as the Secretary of the Thoothai Village Panchayat. The representation submitted by the petitioner also indicates misappropriation of funds in several works alleged to have been carried out by the fifth respondent as Secretary and that without any work, the funds allocated for several works have been misappropriated.
3.In these circumstances, this Court without going into the merits of the contentions made by the petitioner is inclined to pass the following directions:
The first respondent is directed to consider the representation of the petitioner dated 04.03.2019. The first respondent is expected to hold an enquiry and pass appropriate orders after hearing the petitioner as well as fifth respondent. In case, the first respondent finds that there are certain irregularities, the first respondent may take further action. Such exercise shall be completed within a reasonable period preferably within a period of six months from the date of receipt of a copy of this order.
4.The Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS)
To 1.The District Collector, Sivagangai District, Sivagangai.
2.The District Project Director, Sivagangai District, Sivagangai.
3.The Assistant Director of Panchayat (Rural), Sivagangai, Sivagangai District.
4.The Block Development Officer, Thiruppuvanam, Sivagangai District.
+1 CC to M/s.M.KANNAN, Advocate ( SR-59358[F] dated 05/04/2019 ) sj W.P.(MD) No.8062 of 2019 04.04.2019 KM/(15.04.2019) 3P 6C