Madras High CourtWP(MD)/13022/2020allowed

Musiri Panchayat Union, v. The District Collector,

2021-01-04Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.13022 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.13022, 13032, 13036, 13037 & 13039 of 2020 and W.M.P.(MD)Nos.10969, 10970, 10972 to 10975, 10978 & 10979, 10981 & 10982 of 2020 W.P.(MD)No.13022 of 2020 Musiri Panchayat Union, R.Mala, Musiri Panchayat Union Office, Musiri, Trichy District.

Musiri Panchayat Union, Prayer: Writ petition is filed under Article 226 of the petitioner's Musiri Panchayat Union and quash the same as illegal, arbitrary and consequently directing the first respondent to send any official communication only to the Chairman of concerned W.P.(MD)No.13032 of 2020 Thathaiyangarpettai Panchayat Union, P.Sharmila Prabakaran, Thathaiyangarpettai Panchayat Union Office, Thathaiyangarpettai, Trichy District.

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2 W.P.(MD)NO.13022 OF 2020 Thathaiyangarpetti Panchayat Union, Prayer: Writ petition is filed under Article 226 of the petitioner's Thathaiyangarpettai Panchayat Union and quash the same as illegal, arbitrary and consequently directing the first respondent to send any official communication only to the Chairman of concerned Panchayat Union.

W.P.(MD)No.13036 of 2020 Pullambadi Panchayat Union, Rashiya, Pullambadi Panchayat Union Office, Pullambadi, Trichy District.

Pullambadi Panchayat Union, Prayer: Writ petition is filed under Article 226 of the petitioner's Pullambadi Panchayat Union and quash the same as illegal, arbitrary and consequently directing the first respondent to send any official communication only to the Chairman of concerned W.P.(MD)No.13037 of 2020 T.Ravichandran, Lalgudi Panchayat Union Office, Lalgudi, Trichy District.

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3 W.P.(MD)NO.13022 OF 2020 Prayer: Writ petition is filed under Article 226 of the petitioner's Lalgudi Panchayat Union and quash the same as illegal, arbitrary and consequently directing the first respondent to send any official communication only to the Chairman of concerned W.P.(MD)No.13039 of 2020 Uppiliyapuram Panchayat Union, M.Hemalatha, Uppiliyapuram Panchayat Union Office, Uppiliyapuram, Trichy District.

Uppiliyapuram Panchayat Union, Prayer: Writ petition is filed under Article 226 of the petitioner's Uppiliyapuram Panchayat Union and quash the same as illegal, arbitrary and consequently directing the first respondent to send any official communication only to the Chairman of concerned (in all W.Ps.) For Petitioners : Mr.T.Senthil Kumar For Respondents : Mr.M.Sri Charan Rangarajan, Additional Advocate General, assisted by, 3/5

4 W.P.(MD)NO.13022 OF 2020 Mr.S.Angappan, Government Advocate(Crl. Side).

C O M M O N O R D E R Heard, Mr.T.Senthil Kumar, learned counsel appearing for the writ petitioners and Mr.M.Sri Charan 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.

4. 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-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pmu 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:

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5 W.P.(MD)NO.13022 OF 2020 Musiri Panchayat Union, 3.The Block Development Officer, Thathaiyangarpetti Panchayat Union, 4.The Block Development Officer, Pullambadi Panchayat Union, 5.The Block Development Officer, 6.The Block Development Officer, Uppiliyapuram Panchayat Union, W.P.(MD)Nos.13022, 13032, 13036, 13037 & 13039 of 2020 04.01.2021 SSS(CO) KB(29.01.2021) 5P 7C 5/5