Muthuraja v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE D.BHARTHA CHAKRAVARTHY Muthuraja ... Petitioner Vs.
1.The District Collector, Madurai District, Madurai.
2.The Additional Collector (Development), District Collectorate Campus, Madurai.
3.The Assistant Director, (AD), Panchayats & Auditing, District Collectorate Campus, Madurai.
4.The Block Development Officer, (Villages & Panchayats), Melur Panchayat Union, Melur, Madurai District.
5.The President, Keeranur Panchayat, Keeranur, Melur Taluk, Madurai District.
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6.The Secretary, Keeranur Panchayat, Keeranur, Melur Taluk, Madurai District.
7.R.Satheesh ... Respondents 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 1 to 4 to conduct proper enquiry for taking necessary action against respondents 5 to 7 for the illegal acts of misappropriating the huge Government amount under the Central Government Scheme of "Jal Jeevan Mission" (JJM) on the basis of the petitioner's representation dated 29.12.2022, 17.04.2023 and 11.05.2023 within the time stipulated by this Court. For Petitioner :Mr.M.Kaliraj For R-1 to R-4 :Mr.P.Thilak Kumar, Government Pleader
O R D E R
********** (Order of the Court was made by S.VAIDYANATHAN, J.) The present writ petition has been filed seeking direction to the respondents 1 to 4, to conduct enquiry against respondents 5 to 7, for the illegal acts of misappropriation of Government funds under the Central Government Scheme of "Jal Jeevan Mission" (JJM), on the basis of the petitioner's representations, dated 29.12.2022, 17.04.2023 and 11.05.2023, within a stipulated time.
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2. The learned Government Pleader appearing for the official respondents would submit that based on the representation of the petitioner, action has been initiated vide communication of the second respondent, dated 19.05.2023 and a notice has also been issued to one Muthuraja.
3. Since the enquiry is pending, this Court directs the concerned authority to conduct a detailed enquiry after hearing the parties concerned. The report of proceedings shall reflect usage of items together with list of items that are purchased for the purpose of extending the benefit of "JJM Scheme" to the villagers.
4. We make it very clear that the Central Government funds have to be utilized for the purpose for which it has been allotted and in case of any alleged misappropriation as stated by the petitioner, a decision can be taken, after hearing the petitioner and respondents 5 to 7.
5. In this case, we have not passed any adverse order against the respondents 5 to 7. As an enquiry is taking place, depending upon the outcome of the enquiry, further proceedings can be initiated by the official respondents. Such exercise shall be completed by hearing the parties including the petitioner 3/5
and respondents 5 to 7 and a decision shall be rendered within a period of three months from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No Costs. [S.V.N.,J.] [D.B.C.,J.] 03.07.2023 Index:Yes/No NCC:Yes/No PM To:
1.The District Collector, Madurai District, Madurai.
2.The Additional Collector (Development), District Collectorate Campus, Madurai.
3.The Assistant Director, (AD), Panchayats & Auditing, District Collectorate Campus, Madurai.
4.The Block Development Officer, (Villages & Panchayats), Melur Panchayat Union, Melur, Madurai District.
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S.VAIDYANATHAN, J.
AND D.BHARATHA CHAKRAVARTHY, J.
PM ORDER MADE IN 03.07.2023 5/5