M. Palanisamy v. The District Collector/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.05.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD)No.8043 of 2015 and M.P.(MD)Nos.1 to 3 of 2015 1.M.Palanisamy 2.Vellachi 3.Muthammal .. Petitioners Vs.

1.The District Collector / District Programme Coordinator, Madurai District, Madurai.

2.The Block Development Officer (Village Panchayats), Usilampatti Panchayat Union, Usilampatti, Madurai District.

3.The President, Kalloothu Village Panchayat, Usilampatti Panchayat Union, Madurai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records in pursuant to the impugned order passed by the 1st respondent in na.ka.No.2239/2014/D5, dated 06.03.2015 and quash the same.

For Petitioner ...

Mr.V.Balaji For Respondents ...

Mr.Muthukannan, GA (R1 and R2) For Respondent-3 ...

Mr.Karthikeyan. AGP

ORDER

The petitioners have challenged the proceedings, dated 6.3.2015, which is the proceedings based on an audit objection, which has been raised. Pursuant to the impugned proceedings, recovery has been ordered on the ground that the persons, who bearing Job Card Nos. 429A, 445A, 473A and 292A are dead persons and the President of the Panchayat, has illegally used the names of the dead persons and disbursed the payments. The petitioners, who are three in numbers, would state that they are still alive https://hcservices.ecourts.gov.in/hcservices/

and they have valid job cards. The audit was not properly conducted and the allegation that the petitioners are dead is absolutely false. Further it is submitted that the 3rd respondent is not heeding to the request made by the petitioners and insisting upon the petitioners to pay the amount. Therefor, the petitioners have filed this writ petition.

2. In the light of the stand taken by the petitioners that the job cards issued to them are valid, the petitioners are directed to appear in person before the 2nd respondent, along with original job cards and copy of this order and on production of the same, the 2nd respondent shall verify the genuineness and submit appropriate report to the District Collector, who in turn, shall consider and pass appropriate orders on merits and in accordance with law. The petitioners shall appear before the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the 2nd respondent shall comply with the direction, within a period of four weeks therefrom. Till the final orders are passed in this matter, no recovery shall be effected from the petitioners.

3. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Vacation Officer/ Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The District Collector / District Programme Coordinator, Madurai District, Madurai.

2.The Block Development Officer (Village Panchayats), Usilampatti Panchayat Union, Usilampatti, Madurai District.

3.The President, Kalloothu Village Panchayat, Usilampatti Panchayat Union, Madurai District. +One cc to The Special Government Pleader, SR.No.25341 mpk RL/ 5c- 18/5/2015 W.P.(MD)No.8043 of 2015 and MP(MD)Nos.1 to 3 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 13.05.2015