Lakshmi v. The Block Development Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2021 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Lakshmi ... Petitioner vs.

1)The Block Development Officer, R.S. Mangalam, Ramanathapuram District.

2)The President, Koodalur Panchayat, Thiruvadanai Taluk, Ramanathapuram District.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 2nd respondent herein to implement the direction issued by the 1st respondent herein in his proceedings Na.Ka.Thi 6/1043/2020 dated 05.02.2021 to issue identity card to the petitioner herein under ''The Mahatma Gandhi National Rural Employment Guarantee Act 2005'' within a time limit fixed by this Hon'ble Court.

For Petitioner : Mr.PT.S.Narendravasan For Respondents : Mr.A.K.Manickam Counsel for Government of Tamil Nadu

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.This writ petition has been filed for issuance of a Writ of Mandamus, directing the 2nd respondent herein to implement the direction issued by the 1st respondent herein in his proceedings Na.Ka.Thi 6/1043/2020 dated 05.02.2021 to issue identity card to the petitioner herein under ''The Mahatma Gandhi National Rural Employment Guarantee Act 2005'' within a time limit fixed by this Hon'ble Court.

3.The learned counsel for the petitioner would state that the petitioner earlier resided in Vadakoor panchayat and she obtained identity card for 100 days employment scheme. Now the petitioner is residing at Koodalur panchayat and therefore, the petitioner applied for removal of her name in Vadakoor panchayat and got her name 1/3

deleted. Subsequently, the petitioner as well as the villagers of Koodalur panchayat made an application along with Aadhaar card and ration card before the 2nd respondent for issuance of identity card for 100 days employment scheme in Koodalur panchayat, but the 2nd respondent had not taken any action to issue identity card. Hence, the petitioner sent a representation dated 03.02.2021 to the 2nd respondent, but no order has been passed thereon. While so, the 1st respondent sent a communication in his proceedings Na.Ka.Thi.6/1043/2020 dated 05.02.2021 to the 2nd respondent to issue identity card or otherwise legal action will be taken against him. It is the grievance of the petitioner that even after the abovesaid direction of the 1st respondent, the 2nd respondent has not issued any identity card. Hence, this writ petition. 4.The learned Government counsel appearing for the respondents would state that the 2nd respondent will implement the proceedings of the 1st respondent in Na.Ka.Thi.6/1043/2020 dated 05.02.2021, within a time frame to be fixed by this Court.

5.Heard the learned counsel for the petitioner as well as the respondents.

6.Since the 1st respondent himself has passed an order dated 05.02.2021, directing the 2nd respondent to issue identity card under the Mahatma Gandhi National Rural Employment Guarantee Act 2005, to the beneficiaries, it is incumbent on the part of the 2nd respondent to implement the same in letter and spirit. Therefore, the 2nd respondent is directed to implement the proceedings of the 1st respondent in Na.Ka.Thi 6/1043/2020 dated 05.02.2021, within a period of four weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition is allowed. No costs.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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bala To 1)The Block Development Officer, R.S. Mangalam, Ramanathapuram District.

2)The President, Koodalur Panchayat, Thiruvadanai Taluk, Ramanathapuram District.

+1 CC to M/s.A.K.MANIKKAM, Advocate ( SR-18977[F] dated 08/06/2021 ) +1 CC to M/s.PT.S.NARENDERA VASAN, Advocate ( SR-18901[F] dated 07/06/2021 ) ORDER MADE IN DATED : 04.06.2021 GS (16.06.2021) 3P 5C 3/3