V.Subramani, S/O. Vettaiyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.18055 of 2016 and W.M.P.(MD)No.13010 of 2016 V.Subramani : Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Director, Rural Development Department, Virudhunagar District, Virudhunagar.

3.M.Kannan : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to conduct the proper enquiry and take appropriate action as against the third respondent for having committed malpractices and misappropriation of the funds allocated for the development of Anaikuttam Panchayat during the financial year 2011-2012, 2012-2013, and 2013-2014 and further direct the first respondent to take appropriate criminal action as against the third respondent, based on the petitioner's representation dated 04.09.2015 made to the first respondent. For Petitioner : Mr.K.Semmalai For Respondents 1&2 : Mr.M.Rajarajan, Government Advocate ************

O R D E R

*********** [Order of the Court was made by S.NAGAMUTHU, J.] The petitioner, a resident of Anaikuttam Village, Virudhunagar Taluk in Virudhunagar District, has come up with this Writ Petition under the guise of a Public Interest Litigation, seeking https://hcservices.ecourts.gov.in/hcservices/

a direction to the first respondent to hold enquiry and to take appropriate action against the third respondent in respect of the allegation of malpractices and misappropriation of funds committed by the third respondent during the financial years 2011-2012, 2012-2013 and 2013-2014.

2. This Writ Petition has come up today for admission. We have heard the learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate, taking notice on behalf of the first and second respondents. We do not order notice to the third respondent, in view of the nature of the order that has to be passed in this Writ Petition.

3. The petitioner has come up with this Writ Petition alleging that the third respondent has committed certain malpractices and also misappropriation of funds allotted to the Panchayat for the financial years 2011-2012, 2012-2013 and 2013-2014. A perusal of the records would go to show that the petitioner did not take any action for so many years. At the fag-end of the tenure of the third respondent, he has come up with this Writ Petition. It is very obvious that the petitioner has come up with this Writ Petition with ulterior motive, in view of the fast-approaching Panchayat election.

4. Under the guise of Public Interest Litigation, this Court cannot be allowed to be converted as a platform for these kinds of unscrupulous people to settle their personal scores. We find, absolutely, there is no public interest involved at all in this issue. The Writ Petition is, therefore, dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/ Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar.

To 1.The District Collector,Virudhunagar District, Virudhunagar. 2.The Assistant Director,Rural Development Department, Virudhunagar District,Virudhunagar.

ORDER MADE IN W.P.[MD].No.18055 of 2016 and W.M.P.(MD)No.13010 of 2016 SML AM/SS3/29.09.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/