Tamil Arasan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.2575 of 2017 Tamil Arasan .. Petitioner Vs.
1.The State of TamilNadu, Represented by its Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai.
2.The Director, Rural Development and Panchayat Raj Department, Panagal Building, Chennai-15.
3.The State of TamilNadu, Represented by its Secretary, Rural Development and Panchayat Raj Department, Fort St. George, Chennai-9.
4.The District Collector, Sivagangai District, Sivagangai.
5.The Assistant Director of Rural, Development (Audit), Sivagangai.
6.The Block Development Officer, Thirupathur, Sivagangai District.
7.Mr.M.Muthuraman 8.Mr.K.Chandirasekar 9.A.Chandiran (died) 10.Sathiyavani Muthu
11.C.SenthilKumar 12.E.Padmapriya 13.E.Abirami (R10 to R13 are impleaded vide Court order dated 21.07.2017 in W.M.P.(MD)No.10614 of 2017) .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents Nos. 1 to 3 herein to recover the public funds of the Piramanampatti Village to a sum of Rs.60,28,130/- from the Respondent Nos. 5 to 7 as per the provision of the Tamil Nadu Panchayats Act, 1994 complying with the order of this Court in W.P.No.6817 of 2011 dated 29.01.2014, which was misappropriated by the respondent Nos. 5 - 7 during their tenure from 2006 to 2010, within the time period prescribed by this Court. For petitioner : Mr.K.K.Ramakrishnan for V.Muthu kamatchi For Respondents 1 to 5 : Mr.M.Govindan Special Government Pleader For 6th Respondent :Mr.M.Rajarajan Government Advocate For Respondents 7 & 8 :Mr.R.Suresh Kumar
O R D E R
************ [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner alleges that the 5th and 6th respondents had misutilised municipal panchayat funds under the National Rural Employment Guarantees Scheme during their term from 2006 to 2010. It is also pointed out that the audit authorities had found the misappropriation committed by the said private respondents. Therefore, the writ petitioner gave representation for initiation of action in terms of the provisions set out under Tamil Nadu Panchayat Act, 1994, and the rules framed there under. 2.When the matter was taken up for disposal, the learned special Government Pleader pointed out that surcharge proceedings have been initiated. In fact surcharge certificate has been issued by the fifth respondent vide proceedings in Na.Ka.No.A1/82/2010
dated 15.03.2017,to direct the fourth respondent to expedite the recovery proceedings. Of course the private respondents are entitled to avail the remedies open to them. Therefore, it is not possible to fix a time limit for recovery of the misappropriated amount. We therefore dispose this writ petition by directing the fourth respondent to expedite the matter.
3.This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To:
1.The Secretary, The State of TamilNadu, Rural Development and Panchayat Raj Department,Fort St.George,Chennai. 2.The Director, Rural Development and Panchayat Raj Department, Panagal Building, Chennai-15.
3.The Secretary, The State of TamilNadu, Rural Development and Panchayat Raj Department, Fort St. George,Chennai-9.
4.The District Collector,Sivagangai District,Sivagangai. 5.The Assistant Director of Rural,Development (Audit),Sivagangai. 6.The Block Development Officer, Thirupathur,Sivagangai District. +1cc to M/S.V.MUTHU KAMATCHI, Advocate SR.No.74129 +1cc to M/S.R.SURESH KUMAR, Advocate SR.No.73703 vsg MAS/MR-KKR/SAR2:08.11.2017:3P-9C W.P(MD)No.2575 of 2017 22.08.2017