M.Kilavan v. Govt. Of India, Repd. By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.16598 of 2013 1.M.Kilavan 2.A.Malaichamy 3.P.Duraipandi 4.V.Chandran 5.E.Ramar .. Petitioners Vs.
1.Government of India Represented by its Secretary Ministry of Rural department, New Delhi.
2.The Director Department of Rural Department Room No.250 NREGA Division Krishibhavan, New Delhi.
3.The Director Rural Development St. Fort George, Chennai.
4.The District Collector Ramanathapuram District Ramanathapuram.
5.The Project Director Ramanathapuram Collectorate, Ramanathapuram District 6.The Block Development Officer, Kadaladi Taluk, Ramanathapuram District 7.The President Karunkulam Panchayat Kadaladi Panchayat Union Ramanathapuram District 8.The Superintendent of Police Ramanathapuram District Ramanathapuram.
.. Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the official respondents to enquire into the matter with regard to the misappropriation of funds and mal practice practised by the 7th respondent in dealing with and disbursing with the funds of Government of India earmarked and allotted under the National Rural Employment Guarantee scheme and submit a report before this Court within a time frame and for other consequential reliefs including initiating the criminal proceedings against the persons involved in the misappropriation and malpractice. For Petitioner : M/s.V.Nagendran For Respondents : Mr.R.Anandharaj Government Advocate for R6 & R7 Mr.M.Govindan for R3,4,5 & 8 Special Government Pleader No appearance for R1 & R2
ORDER
(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this public interest litigation seeking a direction to the respondents to initiate action against the 7th respondent on the allegation that the 7th respondent has misappropriated the fund belonging to the Panchayat and he has also committed certain financial irregularities.
2. We have heard the learned counsel for the petitioner, the learned Special Government Pleader and the learned Government Advocate for the respondents 3 to 8 and we have also perused the records.
3. The 7th respondent has filed a counter denying these allegations.
4. But the 6th respondent has filed a counter, wherein, in Paragraph NO.15, it has been stated that as per the direction of the District Collector, a detail enquiry was ordered and an Enquiry Officer was also appointed. The Enquiry Officer submitted a report, after having audited the accounts. In the report, he has stated that there was anomaly in respect of Rs.13,847/- and the same was recovered from the 7th respondent. The said statement is recorded.
5. In view of the above development, no direction as prayed for could be given. Therefore, this writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar
To 1.The Secretary, Government of India, Ministry of Rural department, New Delhi.
2.The Director Department of Rural Department Room No.250 NREGA Division Krishibhavan, New Delhi.
3.The Director Rural Development St. Fort George, Chennai.
4.The District Collector Ramanathapuram District, Ramanathapuram.
5.The Project Director Ramanathapuram Collectorate, Ramanathapuram District 6.The Block Development Officer, Kadaladi Taluk, Ramanathapuram District 7.The President Karunkulam Panchayat Kadaladi Panchayat Union Ramanathapuram District 8.The Superintendent of Police Ramanathapuram District Ramanathapuram.
+1cc to M/s.V.Nagendran, Advocate SR.No.51276 +1cc to M/s.Special Government Pleader SR.No.51640 ORDER MADE IN W.P(MD)No.16598 of 2013 and M.P.No.2 of 2013 09.09.2016 rr SD/CK/22.09.2016/3P/11C