Muthupandi v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2023

CORAM:

THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.P.(MD) No.9966 of 2023 Muthupandi ... Petitioner -vs1.The Director, Rural Development and Panchayat Raj Department, State of Tamil Nadu Chennai 15 2.The District Collector, Office of the District Collector Madurai.

3.The District Programme Coordinator Mahatma Gandhi National Rural Employment Guarantee Scheme Madurai District.

4.Latha 5.Manimegalai 6.P.Nalaiyini

7.K.Shanthi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondent Nos.1 to 3 to take appropriate action against the respondent No.4 to 7 by considering the petitioner's representation dated 29.03.2023 in accordance with law.

For Petitioner :

Mr.R.Alagumani For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R4

O R D E R

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] Mr.P.Thilak Kumar, learned counsel, takes notice for the respondents 1 to 4.

2. Present writ petition has been filed in public interest to direct the respondent Nos.1 to 3 to take appropriate action against the respondent No.4 to 7 by considering the petitioner's representation dated 29.03.2023 in accordance with law.

3. Learned counsel appearing for the petitioner would submit that the petitioner, having completed B.E., has been serving as a Melur Branch Secretary in VCK Political Party. Having participated in protest for welfare of the village people, he was informed by his villagers that the Government of India has brought in the flagship programme called Mahatma Gandhi National Rural Employment Guarantee Scheme, 2005 (hereinafter referred to as 'the Scheme') for the purpose of enhancing livelihood security in rural areas by providing atleast 100 days of guaranteed wage employment in a financial year to every household whose adult members volunteer to do unskilled manual work. When there are 600 people in his village having job card for the scheme, atleast one person got work under the scheme for minimum 50 days in an academic year.

Therefore, during the year 2022-23, when the works were allotted to selective members, who are relatives and friends of the work supervisor, namely the 4th and 5th respondents and one Ramesh, the work relating to raising horticulture nursery in Pulipatti was started. A sum of Rs.85,560/- was also sanctioned to unskilled workers. The said amount was credited to only 17 unskilled workers, who are the relatives of the 4th respondent.

Rs.1380/- towards weekly salary to some workers, who did not participate in the scheme work, the respondents 4 and 5 created documents as if they worked in the said programme and consequently they received a sum of Rs.1,000/- from each of the person per week. At this stage, when we asked for proof of misappropriation of the said amount, we are unable to get any response.

4. It is seen that the petitioner has not even worked as one of the persons under the said scheme. Further, he has not even obtained any letter from any of the affected persons. Therefore, finding no public interest involved, we find that the writ petition is filed for getting publicity. Therefore, the writ petition fails and the same is dismissed. No costs.

[T.R., A.C.J.] [R.S.M, J.] 26.04.2023 NCC : Yes / No Index : Yes / No RR

To 1.The Director, Rural Development and Panchayat Raj Department, State of Tamil Nadu Chennai 15 2.The District Collector, Office of the District Collector Madurai.

3.The District Programme Coordinator Mahatma Gandhi National Rural Employment Guarantee Scheme Madurai District.

THE HON'BLE THE ACTING CHIEF JUSTICE and R.SUBRAMANIAN, J.

RR W.P.(MD)No.9966 of 2023 26.04.2023