BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18/12/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P.No.5954 of 2008 Kuppusamy . . . Petitioner Vs. 1.The District Collector, Sivagangai District. 2.The Project Officer, NRGES, Collectorate, Sivagangai District. 3.The Assistant Director of Village Panchayat, Sivagangai District. 4.The Block Development Officer, Kalayarkovil Union Office, Kalayarkovil, Sivagangai District. 5.The President, Marakathoor Panchayat, Kalayarkovil Via, Sivagangai District. 6.Boominathan . . . Respondents PRAYER Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified mandamus, to direct the respondents 1 to 3 to supervise and to protect the Government funds meant for '100 days Employment Scheme' and consequently, take appropriate action against the fifth and sixth respondents with regard to the misuse of Government funds meant for '100 days Employment Scheme' as per Panchayat Raj Act and rules and pass such further order. !For Petitioner ... Mr.A.Rajini ^For RR1 to 4 ... Mr.R.Janakiramalu Special Government Pleader For RR5 and 6 ... No appearance * * * * :ORDER
This writ petition has been filed to direct the respondents 1 to 3 to
supervise and to protect the Government funds meant for ‘100 days Employment
Scheme’ and consequently, take appropriate action against the fifth and sixth
respondents with regard to the misuse of Government funds meant for ‘100 days
Employment Scheme’ as per Panchayat Raj Act.
2. Heard the learned counsel for the petitioner and also
Mr.R.Janakiramalu, learned Special Government Pleader, who took notice on behalf
of the respondents 1 to 4.
3. The facts giving rise to the filing of this writ petition as stood
exposited from the averments in the affidavit accompanying the writ petition
could succinctly and precisely, tersely and briefly be set out thus:
The petitioner is the vice-president of Marakathoor Panchayat,
Kalayarkovil Union, Sivagangai District. Animadverting upon the misconducts of
the President of the same Panchayat, the Panchayat council passed resolution for
deceiting him and such a resolution was forwarded to the first respondent viz.,
the District Collector, Sivagangai District, who is inert and he is not at all
considering it. Hence, this writ petition.
4. Despite printing the name of the learned Additional Government Pleader,
he has not appeared and no counter has been filed.
5. Hence, in this factual matrix, the following direction is issued:
The first respondent viz., the District Collector, Sivagangai District
shall on receipt of a copy of this order and after giving the opportunity of
being heard to the petitioner, consider the resolution on merits and take
suitable action within a period of one month from the date of receipt of a copy
of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
smn
To
1.The District Collector,
Sivagangai District.
2.The Project Officer,
NRGES, Collectorate,
Sivagangai District.
3.The Assistant Director of
Village Panchayat,
Sivagangai District.
4.The Block Development Officer,
Kalayarkovil Union Office,
Kalayarkovil,
Sivagangai District.
5.The President,
Marakathoor Panchayat,
Kalayarkovil Via,
Sivagangai District.