Mariammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Mariammal ... Petitioner Vs.
1.The District Collector, Tanjavur, Tanjavur District.
2.The Executive Officer, Union of Sethupa Sathiram, Tanjavur District.
3.The Village President Mudukadu Village Panchayat, Peravoorani Taluk, Tanjavur District.
4.Sanmugam, Panchayat Clerk, Muthukadu Village, Panchayat, Peravoorani Taluk, Tanjavur District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent 1 and 2 to take necessary action against the respondent Nos.3 and 4 and provide an 1/7
employment under Mahatma Gandhi National Rural Employment Guarantee Scheme based on the petitioner's representation dated 02.11.2020 .
For Petitioner : Mr.M.Ramu For R-1 & R-2 : Mr.R.Ragavendran, Government Advocate
O R D E R
This Writ Petition has been filed for the issue of writ of mandamus directing the first and second respondents to take action against the third and fourth respondents and to provide employment to the petitioner under the Mahatma Gandhi National Rural Employment Guarantee Scheme based on the representation made by the petitioner on 02.11.2020.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing on behalf of respondent Nos. 1 and 2.
3. The case of the petitioner is that she is an agriculturist coolie. It is stated that the fourth respondent, who is the Panchayat Clerk 2/7
had approached the petitioner and informed her that her application for free house under the Pradhan Mantiri Awas Yojana Scheme is under consideration and by saying so, the fourth respondent received the original patta passbook belonging to the petitioner. That apart, the petitioner was also made to sign in the cheques stating that a sum of Rs.45,000/- (Rupees Forty Five Thousand only) has been sanctioned for the construction of the house. Therefore, the petitioner was informed that the amount will be withdrawn based on the cheque that was issued and it will be handed over to the petitioner. The grievance of the petitioner is that the said amount was misappropriated and apart from that, the petitioner was threatened and as a result, the petitioner was not able to construct the house under the Scheme. The petitioner made a representation in this regard on 02.11.2020 and the same did not evoke any response, the present Writ Petition has been filed before this Court.
4. When the matter came up hearing on 09.10.2023, this Court directed the learned Government Advocate to take instructions on the representation that was made by the petitioner and to inform this Court as to whether any enquiry was conducted. Accordingly, the matter was directed to be posted today.
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5. When the mater was taken up for hearing today, the learned Government Advocate placed the written instructions received from the Block Development officer of Sethupa Sathiram along with the entire files. On going through the same, it is seen that an enquiry has been conducted based on the complaint given by the petitioner.
6. In view of the above, there shall be a direction to the Block Development Officer, Sethupa Sathiram to respond to the representation made by the petitioner on 02.11.2020 within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioner shall be informed about the result of the enquiry. If ultimately the petitioner is aggrieved by the same, the petitioner can always work out her remedy in the manner known to law.
7. This Writ Petition is disposed of with the above directions. No costs.
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Index:yes/no Internet:yes/no tsg To 1.The District Collector, Tanjavur, Tanjavur District.
2.The Executive Officer, Union of Sethupa Sathiram, Tanjavur District.
3.The Block Development Officer, Sethupa Sathiram Thanjavur District.
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N.ANAND VENKATESH, J tsg 6/7
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