Chandran .V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.22541 of 2022 V.Chandran ... Petitioner Vs.

1.The District Collector, Madurai, 2.The Assistant Director of Panchayat, Madurai District, Madurai - 20.

3.The Block Development Officer, Melur Panchayat Union, Melur, 4.The Village Panchayat President, Saruguvalaiyapatti Village Panchayat, Melur Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the 1st respondent to instruct 2nd respondent to audit the all accounts particularly relating to from 1 to 103 resolution of Saruguvalayapatti Village Panchayat, Melur Panchayat Union and take action against 1/6

connected officials who are involved in this Manipulation based on the petitioners representation dated 23.05.2022. For Petitioner : Mr.J.Gunaseelanmuthiah For Respondents 1 & 2 : Mr.P.Thilak Kumar, Government Pleader For Respondents 3 & 4 : Mr.V.Nirmal Kumar Government Advocate * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the 1st respondent to instruct the 2nd respondent to conduct audit of all the accounts, particularly, relating to Resolution Nos.1 to 103 of Saruguvalayapatti Village Panchayat, Melur Panchayat Union and to take action against the officials concerned, who have involved in the Manipulation, based on the petitioner's representation dated 23.05.2022.

2.

Heard Mr.J.Gunaseelanmuthiah, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents 1 and 2 and Mr.V.Nirmal Kumar, learned Government Advocate, who 2/6

accepts notice on behalf of the respondents 3 and 4. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Alleging that the funds allotted to Saruguvalaiyapatti Village Panchayat under MGNREGS Scheme, PMAY (G) Scheme and SBM (G) Scheme were misused by the Government officials, the petitioner submitted a representation to the official respondents on 23.05.2022 and the same, according to the learned counsel for the petitioner, remains as such.

4.

Learned counsel for the petitioner would further submit that though the petitioner has sought for a larger relief, he would be satisfied if a direction is issued to the first respondent - District Collector to consider the representation of the petitioner dated 23.05.2022, in accordance with law.

5.

Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of the Writ 3/6

Petition, this Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 23.05.2022, seeking to conduct audit of accounts, and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the petitioner and all the parties concerned. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] 26.09.2022 Internet : Yes/No Index : Yes / No sj To 1.The District Collector, Madurai, 2.The Assistant Director of Panchayat, Madurai District, Madurai - 20.

3.The Block Development Officer, Melur Panchayat Union, Melur, 4/6

4.The Village Panchayat President, Saruguvalaiyapatti Village Panchayat, Melur Taluk, 5/6

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

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