Madras High CourtWP(MD)/15541/2020dismissed

Muruganatham.R v. State Of Tamil Nadu

2025-07-23Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.13049 of 2020 Muruganantham.R ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary, Rural Development and Panchayat Raj Department, Fort. St. George, Chennai - 600 009.

2.The District Collector Cum District Programme Coordinator - NREGA, Dindugal District, Dindugal.

3.Assistant Director of Rural Development, O/o.ThE Assistant Director of Rural Development, Dindigul District.

4.The Block Development Officer-cum- Programme Officer - NREGA, O/o.The Block Development Officer-cum-Programme Officer, Chattarapatti Panchayat Union, Ottanchatram, Dindugal District, 5.The Village Panchayat Secretary, Chatrapatti Village Panchayat, Ottanchattramm Block, Dindugal District.

... Respondents 1/7

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 Nos.1 and 2 to take appropriate disciplinary and criminal action against the irregularities evident in the Social Audit Report passed as resolution in the Chatrapatti Village Gram Sabha on the dated 05/07/2017 05/05/2018 14/12/2018 and 19/07/2019 pertaining Chatrapatti Village, Ottanchatram Taluk, Dindugal District as per Section 17 of the National Rural Employment Guarantee Act, 2005 within the time frame stipulated by this Court. For Petitioner :

Mr.S.Stavenson for M/s Lajapathi Roy Associates For Respondents :

Mr.P.Thilakkumar Govt. Pleader (for R1 to R4)

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This writ petition is filed seeking issuance of a Writ of Mandamus to direct the respondents 1 and 2 to take appropriate disciplinary and criminal action against the irregularities evident in the Social Audit Report passed as a resolution in the Chatrapatti Village Gram Sabha on the dates 05.07.2017, 05.05.2018, 14.12.2018 and 19.07.2019 pertaining to the Chatrapatti Village, Ottanchatram 2/7

Taluk, Dindugal District, as per Section 17 of the National Rural Employment Guarantee Act, 2005, within the time frame stipulated by this Court.

2. The learned Government Pleader appearing for the respondents would submit that the allegation regarding the corrupt activity raised in this writ petition has been addressed by the District Collector/Chairman, District Rural Development Agency in his counter. The relevant paragraph 7 of the counter affidavit reads as follows:

"7. It is further submitted that under Rule 7, Sub-Rule 3(b) & 4 of the Mahatma Gandhi National Rural Employment Guarantee Audit of Schemes Rules, 2011, it is an obligation of the District Programme Coordinator/ District Collector to take corrective action as a follow-up on the Social Audit Report. In furtherance of the action, a high level committee is formed in every district comprising the District Collector, Project Director, Assistant Director (Audit), Assistant Project Officer (WE) and the head of the District Social Audit namely the District Resource Person of Social Audit Society as its members to hear and decide on the discrepancies mentioned by the Social Audit Report with the concerned officials and Village Panchayats. All the discrepancies highlighted 3/7

by the Social Audit Report will be dealt with in the joint sitting of the High level Committee headed by the District Collector. Replies will be scrutinized from the responsible officers/village panchayats on all objections made in the Social Audit and opportunity will be given to submit the supporting documents to defend the Audit objections made. It is further stated that the District Resource Person of Social Audit Society under whom the Audit conducted and raised objection in the first place, himself sits in the High Level Committee Joint sitting and assist the District Collector to drop the objections or effect necessary recoveries after hearing replies and perusing documents and records etc. Hence Audit objections are not the final verdicts to contemplate disciplinary action or criminal action. On 17.09.

2020, a meeting of the above said Committee was conducted and almost 22 audit objections Chatrapatti Village Panchayat were dropped after due enquiry by the Committee. These were the discrepancies pointed out in the Social Audit for the years 2014-15, 2015-16, 2016-17. The discrepancies pointed out in the preceding years for Chatrapatti village will be dealt with by the committee eventually, in future sitting of the high level committee. If any discrepancy is proved after due enquiry then steps will be taken for initiating action as stipulated under the Act. Hence, there are many chances of dropping the objections after due enquiry.

corruption, or fraudulent practice and Action cannot be initiated solely based on the Audit Objections unless it is verified with relevant records in the High Level Committee."

3. Since the complaint was filed merely based on the audit objection, this court is not inclined to consider the present writ petition. If the petitioner has any evidence or specific allegation, then an appropriate complaint may be filed before the competent authority.

4. With the above liberty, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

[S.M.S., J.] [A.D.M.C., J.] 23.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No skn To 1.The State of Tamil Nadu, Rep. by its Principal Secretary, Rural Development and Panchayat Raj Department, Fort. St. George, Chennai - 600 009.

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2.The District Collector Cum District Programme Coordinator - NREGA, Dindugal District, Dindugal.

3.Assistant Director of Rural Development, O/o.ThE Assistant Director of Rural Development, Dindigul District.

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S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

skn and W.M.P.(MD) No.13049 of 2020 23.07.2025 7/7