T.Murugan v. Government Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2025
CORAM:
THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY T.Murugan
...Petitioner
-Vs1.Government of India, Rep.by its Secretary, Department of Rural Development, Krishi Bhavan, Dr.Rajendra Prasad Road, New Delhi-110 001.
2.The Additional Chief Secretary, Rural Development and Panchayatraj Department, Government of Tamil Nadu, Forst St.George, Chennai-600 009.
3.The Inspector of Panchayat/The District Collector, Tenkasi District, Tenkasi.
4.The Block Development Officer, Panchayat Union Office, Keelapavoor, Tenkasi District.
5.R.Kuthalingarajan
...Respondents
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PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the official respondents to take appropriate recovery proceeding against the fifth respondent for looting the public money by misusing his official position as the president of Avudayanoor Panchayat based on the petitioner's representation dated 19.08.2024 and 20.08.2024 within the period stipulated by this Court. For Petitioner : Mr.Ananth C.Rajesh For R1 : Mr.K.Govindarajan Deputy Solicitor General of India For R2 to R4 : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by J.NISHA BANU, J.) By consent, this writ petition is taken up for disposal at the admission stage itself.
2.Mr.K.Govindarajan, learned Deputy Solicitor General of India, takes notice for the first respondent and Mr.P.Thilak Kumar, learned Government Pleader, takes notice for the respondents 2 to 4. Considering the nature of the order proposed to be passed in this writ petition, notice to the fifth respondent is dispensed with.
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3.The contention of the petitioner is that Swaljaldhara scheme has been introduced throughout India to provide drinking water to every citizen. The funds were allocated by the central Government to the State and then the State allocated the same to Districts. The third and fourth respondents are the authority to monitor the development of the said Scheme and spending of money in the villages under their control. The fifth respondent by misusing his power has looted the central Government fund without providing individual connection to the villagers. He has also collected huge amount from the villagers for providing such connection. The third respondent has also initiated action against the fifth respondent. After enquiry, it was concluded that the fifth respondent has caused loss to the Panchayat and swindled the public money.
Even then, no action has been taken against the fifth respondent to recover the said amount. The petitioner made a representation to the authorities concerned to recover the said amount. Since the same was not considered, the petitioner has filed this writ petition. 4.Though the petitioner has filed this Public Interest Litigation seeking to direct the authorities concerned to take action against the fifth respondent for his illegal act of swindling the public money, we are of the view that sitting under Article 226 of the Constitution, we cannot delve into such disputed facts.
the petitioner is aggrieved, he shall go before the appropriate forum if so advised, by way of filing private complaint.
5.Accordingly, this writ petition is dismissed. No costs. (J.N.B.,J.) (S.S.Y.,J.) 30.04.2025 Index:Yes/No Internet: Yes/No To 1.The Secretary, Department of Rural Development, Krishi Bhavan, Dr.Rajendra Prasad Road, New Delhi-110 001.
2.The Additional Chief Secretary, Rural Development and Panchayatraj Department, Government of Tamil Nadu, Forst St.George, Chennai-600 009.
3.The Inspector of Panchayat/The District Collector, Tenkasi District, Tenkasi.
4.The Block Development Officer, Panchayat Union Office, Keelapavoor, Tenkasi District.
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J. NISHA BANU,J.
and S.SRIMATHY.J ta 30.04.2025 5/5