Vathavaneri Makkal Munnetra Nala Sangam v. The Secretary To The State
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI W.P.(MD)No.24209 of 2023 Vathavaneri Makkal Munnetra Nala Sangam, Rep. By its President, R.Murugesan, Vathavaneri Village, Kaaradanthakudi Post, Nainarkovil Via., Paramakudi Taluk, Ramanathapuram District.
: Petitioner Vs.
1.The Secretary to the State, The Rural Development and Panchayatraj, Office at: Secretariat, Fort St. George, Chennai.
2.The Director, The Rural Development and Panchayatraj, Office at: Panagal Maaligai,
Saidapet, Chennai.
3.The District Collector, Ramanathapuram District, Ramanathapuram.
4.The Project Director, The District Rural Development Agency, Ramanathapuram District.
5.The Director, Central Bureau of Investigation Agency, Plot No.5B, C.G.O.Complex, Lodhi Road, New Delhi.
6.The Director, Vigilance and Anti-Corruption Department, No.293, M.K.N.Road, Aalanthur, Chennai - 600 016.
7.Mr.Raman, The President, Panchayat Union, Vathavaneri Village, Ramanathapuram District.
: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 6 herein to take appropriate action upon the petitioner's representation dated 27.05.2023 which is still pending before them.
For Petitioner : Mr.K.Vijayakumar For Respondents : Mr.M.Senthil Ayyanar, Govt. Advocate for R1 to R4, R6 & R7 Mr.M.Karunanithi, Spl. Public Prosecutor for CBI for R5
O R D E R
[Order of the Court was made by M.SUNDAR, J.] Captioned Writ Petition has been filed with a Mandamus prayer qua a representation dated 27.05.2023 sent by the petitioner, which is a Society registered under the Tamil Nadu Societies Registration Act, 1975 [Registered No.93/2020]. This '27.05.2023 representation' shall be referred to as 'said representation'.
2. The petitioner entity has been registered as a Society, is the petitioner's version and that is the depiction in the letter pad in which said representation has been sent.
3. Mr.K.Vijayakumar, learned counsel for writ petitioner who is before us submits that captioned Writ Petition has been filed as a
'PIL' [Public Interest Litigation] and learned counsel submits that the matter primarily pertains to Mahatma Gandhi Rural Employment Scheme. It may not be necessary to delve further into facts and be detained by factual matrix in the light of what we would be recording infra.
4. Issue notice. Mr.M.Senthil Ayyanar, learned Government Advocate accepts notice for respondent Nos. 1 to 4, 6 and 7. Mr.M.Karunanithi, learned Special Public Prosecutor for CBI accepts notice for respondent No. 5.
5. Mr.M.Senthil Ayyanar, learned Government Advocate, on instructions, submitted that the President of the writ petitioner entity Thiru R.Murugesan, sent a second representation, after said representation. This second representation is dated 06.06.2023 and it has been received by the second respondent on 19.06.2023. Learned State Counsel submits that acting on the same, the second respondent has directed the jurisdictional zonal officer to enquire into the matter and submit a report. Learned State Counsel has placed before us the following proceedings:
6. Be that as it may, learned State Counsel also assails the locus of the writ petitioner entity and its President. As a subsequent representation has been sent and as the subsequent representation is being looked into, we leave open this question regarding the locus / bonafides of the petitioner and dispose of the captioned matter as closed by only making an observation that the aforementioned proceedings of second respondent dated 28.06.2023
shall be carried to its logical end on its own merits and in accordance with law.
7. We are acutely conscious of the fact that we are disposing of the Writ Petition in the Admission Board, where the seventh respondent (private respondent) is not before us and therefore, we make it clear that all the rights and contentions of the seventh respondent, any other person concerned with this matter will remain preserved / protected and will not in any manner be stifled or impacted by this order.
8. Captioned Writ Petition is disposed of in the aforesaid manner. There shall be no order as to costs.
[M.S.,J.] & [R.K.M.,J.] 06.10.2023 Index : Yes/No vsm
To 1.1.The Secretary to the State, The Rural Development and Panchayatraj, Office at: Secretariat, Fort St. George, Chennai.
2.The Director, The Rural Development and Panchayatraj, Office at: Panagal Maaligai, Saidapet, Chennai.
3.The District Collector, Ramanathapuram District, Ramanathapuram.
4.The Project Director, The District Rural Development Agency, Ramanathapuram District.
5.The Director, Central Bureau of Investigation Agency, Plot No.5B, C.G.O.Complex, Lodhi Road, New Delhi.
6.The Director, Vigilance and Anti-Corruption Department, No.293, M.K.N.Road, Aalanthur, Chennai - 600 016.
M.SUNDAR, J.
and R.KALAIMATHI, J.
vsm W.P.(MD)No.24209 of 2023 06.10.2023