Madras High Court
K.Velmurugan vs The Union Of India on 10 July, 2018
Author: C.T.Selvam
Bench: C.T.Selvam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.07.2018
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM
AND
THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED
W.P.(MD).No.14809 of 2018
K.Velmurugan : Petitioner
Vs.
1.The Union of India,
Rep by the Deputy Director General [P1]
Lok Sabha Committee on MPLADS,
Lok Sabha Committee on MPLADS,
17, Parliament House, New Delhi.
2.The Director,
National Commission for Scheduled Castes,
Second Floor, Block-5, Shastri Bhawan,
Chennai, Tamil Nadu 600 006.
3.The Chief Secretary to Government,
Government of Tamil Nadu,
Secretariat, Chennai 600 009.
4.The District Collector,
Tirunelveli District, Tirunelveli.
5.The Planning Director,
District Rural Development Authority,
Tirunelveli.
6.Mr.Ramasubbu,
EX-Member of Parliament - Tirunelveli Constituency,
Ambai Road, Alangulam, Tirunelveli District.
: Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the first respondent to consider the
petitioner's representation dated 20.02.2018 to take appropriate action
against the improper utilization of the funds allotted under MPLADS Plan
Scheme for the Development of Areas inhabited by Scheduled Caste and
Scheduled Tribe and direct the respondents 1 to 4 to take necessary and
appropriate action for strict adherence to the MPLADS Guidelines as well as
initiate appropriate action against the persons, who have violated the said
Rules.
!For petitioner : Mr.D.Selvaraj
For Respondent No.1 : Mr.S.Jeyasingh
Central Government Counsel
For respondents 2 to 6 : Mr.M.Rajarajan
Government Advocate
:ORDER
[Order of the Court was made by C.T.SELVAM, J.] The petitioner seeks a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 20.02.2018 to take appropriate action against the improper utilization of the funds allotted under MPLADS Plan Scheme for the Development of Areas inhabited by Scheduled Caste and Scheduled Tribe and direct the respondents 1 to 4 to take necessary and appropriate action for strict adherence to the MPLADS Guidelines as well as initiate appropriate action against the persons, who have violated the said Rules.
2. Rarely, do we get opportunity to appreciate politicians, authorities or officials in public matters. The proceedings of the District Collector and Chairman in R.C.No.A6/1744/2018, dated 25.05.2018, addressed to the Director, Rural Development & Panchayat Raj, Panagal Building, Chennai, informs as follows:-
"I submit the following factual report with reference to the letter 1st cited During 15th LokSabha Period 2009-2014, the Former MP of Tirunelveli Parliamentary Constitutency Thiru.S.S.Ramasubbu has allotted MPLADS fund for the development of areas inhibited by SC/STs as detailed below:-
S.No. Year Total Allotment (Rs.In Lakhs) SC/ST Expenditure (Rs.In Lakhs)
1. 2009-2010 200.00 44.60
2. 2010-2011 200.00 88.800
3. 2011-2012 500.00 119.70
4. 2012-2013 500.00 135.00
5. 2013-2014 500.00 116.00 Total 1900.00 504.10 The content of petition about TDTA Primary School kattarankulam Panchayat managed by Christian Management. But in surrounding areas of TDTA primary school kattarankulam Panchayat 390 SC Community People are inhabited. So, SC Community People children may get education in this school. On the basis of SC People Population Thiru.S.S.Ramasubbu MP has allocated his fund to construct Additional building in TDTA Primary School Kattarankulam Panchayat Manur Panchayat Union In the reference 2nd cited, Executive Engineer PWD Tamirabarani Basin division Stated that ?The content of these works in petition is to form a new Road at 5 Locations of Manimuthur Main canal Bund in Ambasamudram Legislative Constituency which covers the villages named Venkatrengapuram Therkku Veeravanallur and Thiruviruthanpuli. This canal bund was previously utilized only as jeep tracl; then during the later periods and now it is being utilized as approach road for transportation by the public and farmers. After the formation of road at this canal bund the public are being mobilized shortly & easily. Moreover, the farmers are transporting the agricultural seeds, fertilizers, plantations, etc. and got benefited more. Among these public and farmers, a remarkable percentage of SC/ST people are mingled and as such it is assured that they are getting benefits by the aforesaid works?.
Hence, the above works are carried out as per MPLAD Guidelines Para No.2.5, and the the MPLAD funds have been utilised for SC/ST inhabited area".
3. In the light of the contents of the communication, we find no merits in the Writ Petition. Accordingly, the Writ Petition shall stand dismissed. No costs.
To
1.The Deputy Director General [P1] Lok Sabha Committee on MPLADS, Lok Sabha Committee on MPLADS, 17, Parliament House, New Delhi.
2.The Director, National Commission for Scheduled Castes, Second Floor, Block-5, Shastri Bhawan, Chennai, Tamil Nadu 600 006.
3.The Chief Secretary to Government, Government of Tamil Nadu, Secretariat, Chennai 600 009.
4.The District Collector, Tirunelveli District, Tirunelveli.
5.The Planning Director, District Rural Development Authority, Tirunelveli.
.