I.Madasamy, v. The Chief Secretary Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.07.2017 CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.12241 of 2017 and W.M.P(MD).No.9423 of 2017 I.Madasamy ... Petitioner Vs.
1. The Chief Secretary of Tamil Nadu, Saint George Fort, Chennai.
2. The District Collector, Madurai District, Madurai.
3. The Corporation Commissioner, Madurai City Municipal Corporation, Corporation Buildings, Arignar Anna Maligai, Tallakulam, Madurai - 625 002.
4. The Assistant Corporation Commissioner, Madurai City Municipal Corporation, Corporation Buildings, Arignar Anna Maligai, Tallakulam, Madurai - 625 002.
5. The Revenue Departmental Officer, Maduria.
6. The Tahsildar, Madurai West Zone, Madurai Collectorate Building, Madurai.
7. The Tahsildar, Madurai North Zone, 8.The Tahsildar, Madurai East Zone,
9.The Tahsildar, Madurai South Zone, 10.The Commissioner of Police, Vigilance and Anti Corruption, 1/165 G, Alagar Kovil Road, Racecourse Colony, Raymond Reserve Line, Madurai-2.
11.Deepika and VDE.Infra Tech.
Pvt Ltd.
Banjari Hills, Bengaluru-500 034.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to complete the pending project works viz., (I) Second Vaigai Water supply scheme, (ii) Construction of Check Dams, (iii) Solid Waste Management Project, (iv) Storm Water Drainage, (v) Under Ground Sewage Scheme, (vi) Basic Service to Urban Poor (BSUP in 1 to 4 Phases of Madurai Corporation) that are approved by the Government under Jn NURM (Jawaharlal Nehru National Urban Renewal Mission) in Madurai Corporation limit (Phase I to IV) so as to benefit the Madurai People based on the petitioner's representation dated 17.06.2017 and consequently to direct the 10th respondent to conduct enquiry on utilization of funds in completed Jn NURM Projects and to report the same to this Court within a time period with in a time frame that may be stipulated by this Court.
For Petitioner : Mrs.P.Yasmin Begum For Respondents : Mr.T.S.Md.Mohideen, AGP for RR1 to 10
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.) The petitioner seeks a direction for completion of certain pending projects there were approved by the Government under Jawaharlal Nehru National Urban Renewal Mission in Madurai Corporation limit. He also demands enquiry to be conducted with regard to the utilization of funds while completing Jn NURM projects.
2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the Government and also the learned standing counsel for the Madurai Corporation. 3.The learned Additional Government Pleader placing reliance
on the communication dated 13.07.2017 sent by the Director, Directorate of Vigilance and Anti-Corruption (DVAC), Chennai-16 to the Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai-05 submitted that the allegations of the writ petitioner are general in nature and do not disclose any specific information of commission of cognizable offence. Therefore, DVAC is not in a position to conduct any enquiry.
4.We went through the complaint submitted by the writ petitioner. It is seen that there are no specific allegations and that only general averments have been made. In that view of the matter, it is not possible to grant relief sought for by the petitioner for holding any enquiry with regard to the utilization of funds for the completed Jn NURM projects. However, the prayer of the petitioner for completing the pending projects deserves consideration. The petitioner has already submitted representation in this regard to the respondents. 5.We direct the third respondent to take steps for completion of pending projects referred to in the writ petition. In the very nature of things, it is not possible to fix any outer time limit for such completion of projects.
6.We therefore dispose of this writ petition with an observation that it is expected that the said projects shall be completed expeditiously. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(Co) /True copy/ Sub Assistant Registrar To
1. The Chief Secretary of Tamil Nadu, Saint George Fort, Chennai.
2. The District Collector, Madurai District, Madurai.
3. The Corporation Commissioner, Madurai City Municipal Corporation, Corporation Buildings, Arignar Anna Maligai, Tallakulam, Madurai - 625 002.
4. The Assistant Corporation Commissioner, Madurai City Municipal Corporation, Corporation Buildings, Arignar Anna Maligai, Tallakulam, Madurai - 625 002.
5. The Revenue Departmental Officer, Maduria.
6. The Tahsildar, Madurai West Zone, Madurai Collectorate Building, Madurai.
7. The Tahsildar, Madurai North Zone,
8. The Tahsildar, Madurai East Zone, Madurai Collectorate Building, Madurai.
9. The Tahsildar, Madurai South Zone, Madurai Collectorate Building, Madurai.
10. The Commissioner of Police, Vigilance and Anti Corruption, 1/165 G, Alagar Kovil Road, Racecourse Colony,Raymond Reserve Line, Madurai-2.
+1 cc to Mrs.P.Yasmin Begum , Advocate in SR.No. 68027 +1 cc to Mr.T.S.Mohamed Mohidheen , Advocate in SR.No. 68155 Skm/Arul AE/MR KKR/SAR3/09.08.2017/4P/13C W.P(MD)No.12241 of 2017 and W.M.P(MD).No.9423 of 2017 26.07.2017