S.Balu v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.2212 of 2015 S.Balu : Petitioner Vs.

1.The Secretary to Government, Municipal Administration and Water Supply, Secretariat, Chennai-1.

2.The District Collector, Thanjavur District, 3.The Superintendent Engineer (Ka.Ne.Ka)-1, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai-2.

4.The Divisional Engineer, State Highways Department, Thanjavur Division, 5.The Commissioner, Kumbakonam Municipality, Kumbakonam, Thanjavur District.

6.The Block Development Officer, Kumbakonam Panchayath Union, Kumbakonam, Thanjavur District.

7.The President, Chetti Mandapam Ulloor Village Panchayath, Kumbakonam Taluk, Thanjavur District.

: Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to initiate an enquiry contemplated under Section 205 of the Tamil Nadu Panchayats Act, 1994 upon the petitioner's representation dated 08.08.2014 sought for action regarding the misappropriation of Rs.9,22,500/- through the Demand Draft dated 18.12.2003 drawn on Canara Bank in the name of the seventh respondent Village Panchayath for repairing the damaged road on the right side banks of River Kaveri at Chetti Mandapam Ulloor Village Panchayath, Kumbakonam Taluk, Thanjavur District. For Petitioner : Mr.R.Aravind Raj For Respondents : Mr.T.R.Janarthanan, Additional Government Pleader

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Public Interest Litigation seeking a direction to the second respondent to hold an enquiry under Section 205 of the Tamil Nadu Panchayats Act, 1994, based upon the representation dated 08.08.2014, wherein the petitioner alleged misappropriation of Rs.9,22,500/-, which was allotted for the purpose of re-laying a road on Kaveri River bank.

2. We have heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. We have also perused the records carefully.

3. It is brought to our notice that the Village Panchayat President concerned is no more and, therefore, no enquiry under Section 205 of the Tamil Nadu Panchayats Act, 1994 could be held. The Writ Petition is, therefore, dismissed. No costs. Sd/- Assistant Registrar(p&a) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Municipal Administration and Water Supply, Secretariat, Chennai-1.

2.The District Collector, Thanjavur District,

3.The Superintendent Engineer (Ka.Ne.Ka)-1, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai-2.

4.The Divisional Engineer, State Highways Department, Thanjavur Division, 5.The Commissioner, Kumbakonam Municipality, Kumbakonam, Thanjavur District.

6.The Block Development Officer, Kumbakonam Panchayath Union, Kumbakonam, Thanjavur District.

7.The President, Chetti Mandapam Ulloor Village Panchayath, Kumbakonam Taluk, Thanjavur District.

+1cc to Mr.R.Aravind Raj,Advocate Sr.No. 57313 +1cc to Spl.Government Pleader Sr.No. 57028 JAM/14.10.16/GSV-PM/3P-10C Order made in W.P.[MD].No.2212 of 2015 Dated: 28.09.2016