A.Karpaga Valli v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.10374 of 2020 1.A.Karpaga Valli 2.G.Chinnappa 3.T.Panchalam 4.R.Chitra Devi 5.K.Kalaivani 6.R.Prema 7.B.Kanagi 8.P.Manikandan 9.G.Padmini 10.V.Sudha 11.J.Nilofar Nisha 12.P.Sevanan 13.A.Balasubramanian 14.P.Vijaya Kumar 15.M.Chandrasekar 16.L.Prabhu Ganndi 17.U.Jeya Bharathi 18.M.Sumathi 19.S.Senthil Kumar 20.J.Latha 21.T.Kalaiselvi 22.M.Rathinam 23.R.Sivagami 24.P.Murugesan 25.Veerappan 26.S.Goindaraj 27.K.Chitra 28.P.Parvathi 29.R.Indira 30.M.Sharmila 31.P.K.A.Shahul Hameed 32.M.Karuppiah 33.S.Stalin 34.G.Lakshmi 35.V.Ravi Pallavarayar ... Petitioners Vs.

1.State of Tamil Nadu, Rep. by its Principal Secretary to the Government, Department of Rural Development and Panchayat Raj, Fort St.George, Chennai - 9.

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2.The Director of Rural Development and Panchayat Raj, Panagal Maligai, Chennai.

3.The District Collector Cum Chairman, District Rural Development Agency, Pudukottai District, Pudukottai.

4.The Additional Collector/Project Director, District Rural Development Agency, Pudukottai.

5.The Block Development Officer, Karambakudi Union, Karambaakudi Taluk, Pudukottai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the Respondent Nos.3 to 5 from conducting packaging tender in respect of the funds allocated under the 14th and 15th Fiance Commission to carry out all the basic works in the village panchayats and consequently for a direction, directing the respondents to restore the power of the petitioners in inviting tenders in respect of the basic works to be carried out in the Village Panchayat in accordance with the provisions of the Tamil Nadu Panchayat Act, 1994. For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.M.Sricheran Rangarajan, Additional Advocate General, Assisted by Mr.M.Rajarajan, Addl. Govt. Pleader for R1 to R4 Mrs.J.Padmavathy Devi, Special Government Pleader for R5

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Additional Advocate General assisted by the learned Additional Government Pleader appearing for the respondents 1 to 4 and the learned Special Government Pleader appearing for the fifth respondent.

2.The learned Additional Advocate General appearing for the respondents 1 to 4 states that no cause of action had arisen sofar. He would strongly contend that the writ petition had been prematurely filed. I am in full agreement with the said submission. However, in order to safeguard the rights of the petitioners, the 2/3

respondents are directed to furnish on the petitioners' counsel with a copy of any tender notification that may be issued. If any such notification is served on the petitioners through their counsel, it is always open to the petitioners to move this Court again for appropriate relief.

3.With this liberty to the petitioners, the writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) ias 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 Principal Secretary, Department of Rural Development and Panchayat Raj, Fort St.George, Chennai - 9.

2.The Director of Rural Development and Panchayat Raj, Panagal Maligai, Chennai.

3.The District Collector Cum Chairman, District Rural Development Agency, Pudukottai District, Pudukottai.

4.The Additional Collector/Project Director, District Rural Development Agency, Pudukottai.

5.The Block Development Officer, Karambakudi Union, Karambaakudi Taluk, Pudukottai District.

+1 CC to SPL GP ( SR-17539[F] dated 21/09/2020 ) +1 CC to Mr.T. LAJAPATHI ROY, Advocate ( SR-17664 [F] dated 22/09/2020 ) 18.09.2020 VB (05.10.2020) 3P 8C 3/3