S.Subramaniyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6963 of 2017 S.Subramaniyan .. Petitioner Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Deputy Superintendent of Police, Vigilance and Anti Corruption, District Collectorate Campus, Virudhunagar.

3. The Block Development Officer, Vathirayiruppu Union, Virudhunagar District.

4. The Panchayat President, Thambipatti Panchayat, Virudhunagar District.

5.G.Sundaram 6.S.Kannan .. Respondents [R-5 and R-6 are impleaded vide order dated 26.07.017 in W.M.P.(MD). No.10666 of 2017] PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct enquiry and take necessary criminal action and recovery of money against the persons involved in misappropriation of 14 lakhs government fund which is allotted for construction of toilets in Thambipatti Panchayat, Vathtrayiruppu Union, Virudhunagar District.

For petitioner : Mr.T.Lajapathi Roy For respondents 1&2 : Mr.M.Govindan Special Government Pleader For Respondents 3to6 : No Appearance

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] https://hcservices.ecourts.gov.in/hcservices/ The petitioner filed this Writ Petition to direct the respondents 1 and 2 to conduct enquiry and take necessary criminal

action against those who were involved in misappropriation of government fund allotted for construction of toilets in Thambipatti Panchayat, Vathtrayiruppu Union, Virudhunagar District.

2. Mr.M.Govindan, learned Special Government Pleader, on instructions, submitted that the second respondent initiated Preliminary Enquiry No.26 of 2017, on 25.01.2017 and the enquiry is pending.

3. We direct the second respondent to continue the enquiry and conclude the same and take up further action in accordance with law. We also direct the District Collector, Virudhunagar, to consider and dispose of the representation submitted by the petitioner dated 02.01.2017 on merits and as per law, after issuing notice to the respondents 5 and 6. The proceedings initiated by the District Collector should be independent of the action taken by the Vigilance and Anti Corruption. We hope that the respondents 1 and 2 would take into account the serious allegations in the matter of construction of toilets for poor and downtrodden people and take appropriate action in accordance with law. It is open to the petitioner to approach this Court, in case there is delay in the matter of taking further action by the concerned respondents.

4. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Deputy Superintendent of Police, Vigilance and Anti Corruption, District Collectorate Campus, Virudhunagar.

3. The Block Development Officer, Vathirayiruppu Union, Virudhunagar District.

+ 1 CC TO Mr.T.LAJAPATHI ROY, ADVOCATE IN SR No. 72086 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 72557. NB TE/MR-KKR/SAR-I : 22/08/2017 : 2P/6C ORDER MADE IN W.P.(MD)No.6963 of 2017 10.08.2017 https://hcservices.ecourts.gov.in/hcservices/