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Madras High CourtWP(MD)/13858/2022allowed

Sethuraman.G v. The Secretary To Government

2022-08-10Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Sethuraman, President, Sundara Perumal Kovil Panchayat, Kumbakonam Taluk, Thanjavur District - 614 208.

... Petitioner Vs.

1.The Secretary to Government, Secretarait, Chennai - 600 009.

2.The Director, Local Fund Audit, Chennai.

(R2 is deleted from array of respondents vide order dated 10.08.2022 in W.M.P.(MD)No.12569 of 2022 in W.P.(MD)No.13858 of 2022 by GRSJ) 3.The District Collector, Thanjavur.

4.The Personal Assistant to Collector, Thanjavur.

5.The Assistant Director of Panchayat, Thanjavur.

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6.The Project Director, DRDA, Collector Office, Thanjavur District.

7.The Tahsildar, Kumbakonam, Thanjavur District.

8.The Block Development Officer, (Village Panchayat), Kumbakonam, Thanjavur District.

9.The Director, Secretarait, Chennai - 600 009.

... Respondents (R9 is suo motu impleaded vide order dated 13.07.2022 in W.P.(MD)No.13858 of 2022 by GRSJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to sanction the 15th Central Finance Commission Fund for Sundara Perumal Kovil Panchayat, Kumbakonam Taluk, Thanjavur District on the basis of the distribution made by the State Finance Commission based on the proceedings in Na.Ka.7691-14 E1 date 22.07.2014 and Na.Ka.No.1719/2020/Aa2 31.03.2022 issued by the 8th Respondent, on the basis of the petitioner's representation dated 20.06.2022.

For Petitioner : Ms.R.Shummathi Priya For Respondents : Mr.M.Sarangan, Addl. Government Pleader.

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ORDER

Heard the learned counsel on either side.

2.The grievance of the writ petitioner is that the petitioner panchayat has not been disbursed with the fund under 15th Central Finance Commission Fund. Notice was order and the ninth respondent was also suo motu impleaded. 3.Today when the matter was taken up for hearing, the learned Additional Government Pleader submitted that the District Collector, Thanjavur has recommended the case of the writ petitioner to the ninth respondent vide communication bearing Na.Ka.No.2229/2021Aa2, dated 16.07.2022. Since the entitlement of the writ petitioner for fund allocation is not in doubt, the ninth respondent is directed to sanction and disburse the funds due to the writ petitioner panchayat within a period of six weeks from the date of receipt of a copy of this order.

4.The writ petition is allowed accordingly. No costs. 10.08.2022 Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The Secretary to Government, Secretarait, Chennai - 600 009.

2.The District Collector, Thanjavur.

3.The Personal Assistant to Collector, Thanjavur.

4.The Assistant Director of Panchayat, Thanjavur.

5.The Project Director, DRDA, Collector Office, Thanjavur District.

6.The Tahsildar, Kumbakonam, Thanjavur District.

7.The Block Development Officer, (Village Panchayat), Kumbakonam, Thanjavur District.

8.The Director, Secretarait, Chennai - 600 009.

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G.R.SWAMINATHAN, J.

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