Raja. Sr v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on :
31.07.2024 Pronounced on :
30.08.2024
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN S.R.Raja ... Petitioner Vs.
1.The Director, Town Panchayat 7 & 8 Floor, Town Development Office Campus Chennai-600028.
2.The Assistant Director, Town Panchayat Madurai Region, Collectorate Campus, Madurai.
3.The District Collector, Virudhunagar District, Virudhunagar.
4.The Director, Vigilance & Anti-Corruption Department, No.293, M.K.N.Salai, Alandhur, Chennai-600016.
5.The Superintendent of Police, Vigilance and Anti-Corruption Department, Collectorate Campus, Virudhunagar.
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6.The District Vigilance Committee, Collectorate Campus, Ramanathapuram.
7.Manikandan Executive Officer, Mumsapuram Town Panchayat, Srivilliputhur Taluk, Virudhunagar District.
8.Sathyamoorthy, Electrician, Mumsapuram Town Panchayat, Srivilliputhur Taluk, Virudhunagar District.
9.Sivasubramanian Health Department Supervisor, Mumsapuram town Panhcyat, Srivilliputhur Taluk, Virudhunagar District.
10.Gopi Bill Collector Mumsapuram Town Panchayat, Srivilliputhur Taluk, Virudhunagar District.
11.Dilipan Head Clerk Mumsapuram Town Panchayat, Srivilliputhur Taluk, Virdhunagar District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of mandamus or any other order of direction in the nature of the writ of mandamus directing the 5th 2/11
respondent to take appropriate action against respondent Nos.7 to 11, the officials of the Mumsapuram Town Panchayat, based on my representation, dated 20.05.2024.
For Petitioner :Mr.C.R.Ponnuthai For Respondents :Mr.S.Ravi, Additional Public Prosecutor (For R1 to R6)
O R D E R
This Writ petition has been filed by the petitioner to direct the 5th respondent to take appropriate action against respondent Nos.7 to 11, the officials of the Mumsapuram Town Panchayat, based on my representation, dated 20.05.2024.
2.The writ petitioner is the counsellor of ward No.2 of Mumsapuram Town Panchayat. He made an allegation against the executive officer of the said pancayat and other officials that they have misappropriated the huge fund of the panchayat. Therefore, he sent the complaint to the 4th respondent and other respondents to take necessary action. There was no action on his complaint dated 20.05.2024. Therefore, he filed the writ petition seeking writ of mandamus to issue a 3/11
direction to the 5th respondent, namely, Vigilance Department to take appropriate action against the erring officials.
3. During the course of the hearing the Learned Additional Public Prosecutor submitted that the 3rd respondent vigilance department initiated factual verification and the same would be completed and he seeks time to make further submission. Therefore, the case was adjourned to 30.07.2024.
4. During the course of hearing on 30.07.2024, the Learned Additional Public Prosecutor submitted the report dated 10.06.2024 which read as follows :
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5. Apart from the material adduced by the writ petitioner relating to the various illegalities in discharge of the function of the panchayat and the misappropriation of the fund of the panchayat. The factual verification report also disclosed prima facie case to conduct the preliminary enquiry as per the procedure stated in the vigilance manual.
6. Accordingly, this writ petition is disposed of with the following directions:
6.1. The 1st respondent is hereby directed to transmit the local fund audit report and the other audit report to the office of the 4th respondent 8/11
along with permission to conduct the preliminary enquiry within four weeks from the date of receipt of the copy of the order. 6.2. Upon receipt of the same, the 5th respondent shall complete the preliminary enquiry within 2 months thereafter. 6.3. If the 5th respondent finds no material to proceed further into the allegation made in the petitioner complaint during the course of the preliminary enquiry, it is open to the 5th respondent to file the closure report upon serving the same to the petitioner. 30.08.2024 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn 9/11
To 1.The Director, Town Panchayat 7 & 8 Floor, Town Development Office Campus Chennai-600028.
2.The Assistant Director, Town Panchayat Madurai Region, Collectorate Campus, Madurai.
3.The District Collector, Virudhunagar District, Virudhunagar.
4.The Director, Vigilance & Anti-Corruption Department, No.293, M.K.N.Salai, Alandhur, Chennai-600016.
5.The Superintendent of Police, Vigilance and Anti-Corruption Department, Collectorate Campus, Virudhunagar.
6.The District Vigilance Committee, Collectorate Campus, Ramanathapuram.
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K.K.RAMAKRISHNAN.J., sbn 30.08.2024 11/11