R.Sasikumar, S/O. Rangan, v. State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA R.Sasikumar ....Petitioner Vs.
1.The State of Tamil Nadu, Rep. by the Principal Secretary, Agriculture Department, Fort St.George, Chennai.
2.State of Tamil Nadu, Rep. by the Principal Secretary, The Finance Department, Fort St.George, Chennai.
3.The District Collector Office the District Collector, Thanjavur, Thanjavur District.
4.The Village Administrative Officer, Office of the Village Administrative Officer, Neivelli South, Orathanadu Taluk, Thanjavur District.
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5.The Village Revenue Assistant Neivelli South, Neivelli North Post, Orathanadu Taluk, Thanjavur District.
6.Bakiyaraj The Village Administrative Officer, Office of the Village Administrative Officer, Neivelli South, Orathanadu Taluk, Thanjavur District.
7.K.Selvaraj The Village Revenue Assistant, Neivelli South, Orathanadu Taluk, Thanjavur District.
....Respondents (Respondents 6 & 7 are impleaded vide Court Order dated 11.01.2019 in WMP(MD)No.662 of 2019) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the Respondent Nos.1 and 2 to take immediate action against the Respondent Nos.4 and 5 for their misappropriation in Drought relief in Neivelli North and Neivelli South village in Orathanadu Taluk, Thanjavur DIstrict on the basis of the representation submitted by the petitioner, dated 04.10.2018 in accordance with law.
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For Petitioner : Mr.R.Alagumani For Respondents : Mr.D.Sadiq Raja, - for R1 to R5 Additional Government Pleader : Mr.K.C.Ramalingam - for R7 No Appearance - for R6
O R D E R
[Order of the Court was made by P.N.PRAKASH, J.] Alleging that one Bakiyaraj [6th respondent], the Village Administrative Officer, Neivelli South Orathanadu Taluk, Thanjavur District and one K.Selvaraj [7th respondent], Village Revenue Assistant, Neivelli South, Orathanadu Taluk, Thanjavur District, had misappropriated the drought relief funds, in connection with, the petitioner gave a representation, dated 04.10.2018 and thereafter, filed the present writ petition for a direction to respondents 1 and 2 to take action against the said Bakiyaraj and Selvaraj [respondents 6 and 7].
2. The District Collector, Thanjavur District, has filed a counter 3/7
affidavit, dated 09.11.2019, wherein, in paragraph No.3, it is stated as follows :
"Nevertheless to the ground level status of disbursement the 3rd respondent had directed the Revenue Divisional Officer, Thanjavur to probe into the matter contained in the representation of the petitioner and initiate disciplinary actions as per the provisions contained in the Tamil Nadu Civil Services (Discipline and Appeal) Rules vide his Letter No.Na.Ka.43090/2018 Pe.me-1/ dated : 13.12.2018. Accordingly, the Revenue Divisional Officer, Thanjavur, has instituted Disciplinary actions against the 4th respondent and placed him under suspension under Rule 17(e) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules vide the proceedings of Thanjavur Revenue Divisional Officer R.C.No.8910/2018 A1 dated 10.10.2019.
Since 5th respondent being the retired Village Assistant action has been initiated to frame charges under the respective provisions of Government Rules in force. Therefore, it is humbly submitted that the representation of the petitioner has been considered and initiated action as prayed for, by the third respondent in the capacity of the District Collector, Thanjavur District."
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3. Recording the same, this writ petition is closed, as no further orders can be passed in this Public Interest Litigation. There shall be no order as to costs.
[P.N.P.,J.] & [R.H.,J.] 26.08.2022 Index : Yes/No Internet : Yes/No RM 5/7
To 1.The Principal Secretary, State of Tamil Nadu, Agriculture Department, Fort St.George, Chennai.
2.State of Tamil Nadu, Rep. by the Principal Secretary, The Finance Department, Fort St.George, Chennai.
3.The District Collector Office the District Collector, Thanjavur, Thanjavur District 4.The Village Administrative Officer, Office of the Village Administrative Officer, Neivelli South, Orathanadu Taluk, Thanjavur District.
5.The Village Revenue Assistant Neivelli South, Neivelli North Post, Orathanadu Taluk, Thanjavur District 6/7
P.N.PRAKASH, J.
and R.HEMALATHA, J.
RM ORDER MADE IN 26.08.2022 7/7