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Madras High CourtWP(MD)/11377/2020allowed

Andanallur Panchayat Union v. The Director

2020-09-29Honourable Mr Justice G.R.Swaminathan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P (MD)Nos.11377,12082,12098,12099,12101,12102, 12104,12107,12109 & 12113 of 2020 and WMP(MD) Nos.9950,9951,10393,10394,10402,10403,10405, 10406,10407,10408,10411,10412,10414,10415,10418,10419,10422, 10423,10426 & 10427 of 2020 Andanallur Panchayat Union,Rep.By its Chairman,S.Durairaj, Andanallur Panchayat Union Office, Andanallur Trichy District ... Petitioner in WP(MD). No. 11377/ 2020 Manikandam Panchayat Union, Rep. by its Chairman, K.Kamalam, Manikandam Panchayat Union Office, Manikandam, Trichy District.

... Petitioner in WP(MD). No. 12082/ 2020 Thathaiyangarpettai Panchayat Union, Rep. by its Chairman, Mrs. P.Sharmila Prabakaran, Thathaiyangarpettai Panchayat Union Office, Thathaiyangarpettai, Trichy District.

... Petitioner in WP(MD). No. 12098/ 2020 Uppiliyapuram Panchayat Union, Rep. by its Chairman, M.Hemalatha, Uppiliyapuram Panchayat Union Office, Uppiliyapuram, Trichy District.

... Petitioner in WP(MD). No. 12099/ 2020 Thuraiyur Panchayat Union, Rep. by its Chairman, Mrs. Saranya Mohandas, Thuraiyur Panchayat Union Office, Thuraiyur, Trichy District.

... Petitioner in WP(MD). No. 12101/ 2020 Pullambadi Panchayat Union, Rep. by its Chairman, Mrs.Rashiya, Pullambadi Panchayat Union Office, Pullambadi, Trichy District.

... Petitioner in WP(MD). No. 12102/ 2020 Musiri Panchayat Union, Rep. by its Chairman, Mrs. R.Mala, Musiri Panchayat Union Office, Musiri, ... Petitioner in WP(MD). No. 12104/ 2020 Manchanallur Panchayat Union, Rep. by its Chairman, Mr.R.Sridhar, Manchanallur Panchayat Union Office, Manchanallur, Trichy District.

... Petitioner in WP(MD). No. 12107/ 2020 1/8

Lalgudi Panchayat Union, Rep. by its Chairman, T.Ravichandran, Lalgudi Panchayat Union Office, Lalgudi, Trichy District.

... Petitioner in WP(MD). No. 12109/ 2020 Thottiyam Panchayat Union, Rep. by its Chairman, Mrs. Punitha Rani, Thottiyam Panchayat Union Office, Thottiyam, ... Petitioner in WP(MD). No. 12113/ 2020 vs

1. The Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai-15

2. The District Collector/Chairman DRDA, Trichirappalli District Trichirappalli

3. The Project Director (DRDA), Trichirappalli District, Trichirappalli

4. The Assistant Director (Panchayat), Trichirappalli District.

..

Respondents 1 to 4 (in all Cases)

5. The Block Development Officer, Andanallur Panchayat Union, ...

5th Respondent in WP(MD). No. 11377/ 2020

5. The Block Development Officer, Manikandam Panchayat Union, ...

5th Respondent in WP(MD). No. 12082/2020

5. The Block Development Officer, Thathaiyangarpettai Panchayat Union, ...

5th Respondent in WP(MD). No. 12098/2020

5. The Block Development Officer, Uppiliyapuram Panchayat Union, ...

5th Respondent in WP(MD). No. 12099/2020

5. The Block Development Officer, Thuraiyur Panchayat Union, ...

5th Respondent in WP(MD). No. 12101/2020 2/8

5. The Block Development Officer, Pullambadi Panchayat Union, ...

5th Respondent in WP(MD). No. 12102/2020

5. The Block Development Officer, Musiri Panchayat Union, ...

5th Respondent in WP(MD). No. 12104/2020

5. The Block Development Officer, Manchanallur Panchayat Union, ...

5th Respondent in WP(MD). No. 12107/2020

5. The Block Development Officer, Lalgudi Panchayat Union, ...

5th Respondent in WP(MD). No. 12109/2020

5. The Block Development Officer, Thottiyam Panchayat Union, ...

5th Respondent in WP(MD). No. 12113/2020 Prayer in WP(MD). No. 11377/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus or any other appropriate writ order or direction in the nature of writ to call for the records pertaining to the impugned order passed by the 2nd respondent herein in his proceedings in Na.Ka.E1/3260/2020 Dated 20.08.2020 and quash the same as illegal arbitrary and consequently directing the 2nd respondent to send any official communication only to the Chairman of concerned Panchyat Union Prayer in WP(MD). No. 12082/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent herein in his proceedings in Na.Ka. E1/3260/2020 Dated 20.08.2020 in connection with petitioners Manikandam Panchayat Union, Manikandam, Trichy District (S.No.2) and quash the same as illegal, arbitrary and consequently directing the 2nd respondent to send any official communication only to the Chairman of concerned Panchayat Union. Prayer in WP(MD). No. 12098/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the 3/8

impugned order passed by the 2nd respondent herein in his proceedings in Na.Ka. E1/3260/2020 Dated 20.08.2020 in connection with petitioners Thathaiyangarpettai Panchayat Union, Thathaiyangarpettai, Trichy District (S.No.12) and quash the same as illegal, arbitrary and consequently directing the 2nd respondent to send any official communication only to the Chairman of concerned Panchayat Union Prayer in WP(MD). No. 12099/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent herein in his proceedings in Na.Ka. E1/3260/2020 Dated 20.08.2020 in connection with petitioners Uppiliyapuram Panchayat Union, Uppiliyapuram, Trichy District (S.No.14) and quash the same as illegal, arbitrary and consequently directing the 2nd respondent to send any official communication only to the Chairman of concerned Panchayat Union Prayer in WP(MD). No. 12101/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent herein in his proceedings in Na.Ka. E1/3260/2020 Dated 20.08.2020 in connection with petitioners Thuraiyur Panchayat Union, Thuraiyur, Trichy District (S.No.13) and quash the same as illegal, arbitrary and consequently directing the 2nd respondent to send any official communication only to the Chairman of concerned Panchayat Union Prayer in WP(MD). No. 12102/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent herein in his proceedings in Na.Ka. E1/3260/2020 Dated 20.08.2020 in connection with petitioners Pullambadi Panchayat Union, Pullambadi, Trichy District (S.No.09) and quash the same as illegal, arbitrary and consequently directing the 2nd respondent to send any official communication only to the Chairman of concerned Panchayat Union Prayer in WP(MD). No. 12104/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent herein in his 4/8

proceedings in Na.Ka. E1/3260/2020 Dated 20.08.2020 in connection with petitioners Musiri Panchayat Union, Musiri, Trichy District (S.No.10) and quash the same as illegal, arbitrary and consequently directing the 2nd respondent to send any official communication only to the Chairman of concerned Panchayat Union Prayer in WP(MD). No. 12107/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent herein in his proceedings in Na.Ka. E1/3260/2020 Dated 20.08.2020 in connection with petitioners Manchanallur Panchayat Union, Manchanallur, Trichy District (S.No.08) and quash the same as illegal, arbitrary and consequently directing the 2nd respondent to send any official communication only to the Chairman of concerned Panchayat Union Prayer in WP(MD). No. 12109/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent herein in his proceedings in Na.Ka. E1/3260/2020 Dated 20.08.2020 in connection with petitioners Lalgudi Panchayat Union, Lalgudi, Trichy District (S.No.7) and quash the same as illegal, arbitrary and consequently directing the 2nd respondent to send any official communication only to the Chairman of concerned Panchayat Union Prayer in WP(MD). No. 12113/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent herein in his proceedings in Na.Ka. E1/3260/2020 Dated 20.08.2020 in connection with petitioners Thottiyam Panchayat Union, Thottiyam, Trichy District (S.No.11) and quash the same as illegal, arbitrary and consequently directing the 2nd respondent to send any official communication only to the Chairman of concerned Panchayat Union For Petitioner ..

Mr.T.Senthil Kumar For Respondents ..

Mr.M.Sricharan Rangarajan Additional Advocate General Assisted by Mr. S.Angappan, Government Advocate 5/8

C O M M O N O R D E R Heard the learned counsel for the writ petitioners and Mr.M.Sricharan Rangarajan, learned Additional Advocate General, assisted by Mr.S.Angappan, learned Government Advocate appearing for the respondents.

2. The Chairpersons of the various Panchayat Unions of Trichy District are before this Court challenging the impugned communication issued by the District Collector, Tiruchirappalli, in his capacity as Chairperson of District Rural Development Agency (DRDA). The impugned communication mandates the Block Development Officers to adjust the expenditure to be incurred for Tamil Nadu Rural Roads Improvement Scheme (TNRRIS) from out of the Panchayat Unions share in the State Finance Commission Population Grant in the year 2020-2021.

3.The learned Additional Advocate General clarified on instructions that Tamil Nadu Rural Roads Improvement Scheme (TNRRIS) will be funded by independent allocation and it has nothing to do with the State Finance Commission Population Grant for the year 2020-2021. The impugned communication is not in consonance with the stand now taken before this Court. Therefore, on this ground, the impugned communication stands quashed. These Writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 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.

To:

1.The Director, Rural Development & Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 15.

6/8

2.The District Collector/Chairman DRDA, Trichirappalli District, Trichirappalli.

3.The Project Director (DRDA), Trichirappalli District, Trichirappalli.

4.The Assistant Director (Panchayat), Trichirappalli District.

5.The Block Development Officer, Andanallur Panchayat Union,

6. The Block Development Officer, Manikandam Panchayat Union, Trichy District

7. The Block Development Officer, Thathaiyangarpettai Panchayat Union Trichy District

8. The Block Development Officer, Uppiliyapuram Panchayat Union Trichy District

9. The Block Development Officer, Thuraiyur Panchayat Union Trichy District 10.The Block Development Officer, Pullambadi Panchayat Union Trichy District 11.The Block Development Officer, Musiri Panchayat Union Trichy District 12.The Block Development Officer, Manchanallur Panchayat Union Trichy District 13.The Block Development Officer, Lalgudi Panchayat Union Trichy District 7/8

14.The Block Development Officer, Thottiyam Panchayat Union, Trichy District +1 CCS to SGP ( SR-18505, 18500[F] dated 30/09/2020 ) Common order made in W.P (MD)Nos.11377,12082,12098,12099,12101,12102, 12104,12107,12109 & 12113 of 2020 and WMP(MD) Nos.9950,9951,10393,10394,10402,10403,10405, 10406,10407,10408,10411,10412,10414,10415,10418,10419,10422, 10423,10426 & 10427 of 2020 29.09.2020 SRK(CO) NR (14.10.2020) 8P 16C 8/8