Madras High Court
M.Vimalan vs The Commissioner Of Municipal on 2 February, 2015
Bench: Sanjay Kishan Kaul, M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02-02-2015 CORAM THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH WRIT PETITION No.2422 of 2015 and M.P.Nos.1 and 2 of 2015 M.Vimalan .. Petitioner vs 1.The Commissioner of Municipal Administration Directorate4 of Municipal Administration Ezhilagam Annex, Chepauk, Chennai 600 005 2.The Regional Director of Municipal Administration Vellore Region Sarathi Nagar, Kakithapattarai, Vellore 632 012 Vellore District 3.The Executive Engineer TWAD Board Major Project Division I, No.8, First East Main Road Gandhi Nagar, Vellore 632 006 Vellore District 4.The Deputy Superintendent of Police Vigilance and Anti Corruption Wing Vellore Region, Neeli Godown Street Near Mummi Hospital Vellore 632 001, Vellore District 5.The Joint Director Local Fund Audit Department Officers Lane, Vellore 632 001 Vellore District 6.A.Ravi Municipal Commissioner In-charge/ Municipal Engineer Vaniyambadi Municipality Near Town Post, Vaniyambadi 635 752 Vellore District 7.K.V.Suresh Municipal Manager Vaniyambadi Municipality Near Town Post, Vaniyambadi 635 752 Vellore District 8.K.Murali Kanthan Municipal Accountant Vaniyambadi Municipality Near Town Post, Vaniyambadi 635 752 Vellore District 9.Chief Manager Indian Bank Vaniyambadi Branch R.D.R. Complex, C.L. Road Vaniyambadi 635 751 Vellore District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to initiate appropriate action against the respondents 2, 6, 7 and 8 based on the representation dated 22.10.2014, and calling for the relevant records and further directing the fourth respondent to make enquiry from the year 2001 and to inspect all accounts in various heads of Vaniyambadi Municipality to bring out to light the fraudulency committed by the respondents 2, 3 and 5 and to recover the defalcated amount from them with interest. For Petitioner : Mrs.Bhavani Subbarayan For Respondents : Mr.S.T.S.Moorthy Government Pleader for RR1 to 5 ORDER
(Order of the Court was made by THE HON'BLE CHIEF JUSTICE) The petitioner is an elected representative of Vaniyambadi Municipality and alleges that funds of the Municipality have been diverted to third party individuals and companies, not connected with the municipality, by defalcation. It is the submission of the petitioner that the sixth respondent, in fact, acknowledges by a communication dated 24.10.2014, that these disbursements have not been brought to his notice.
2.On a query of the Court that the petitioner is part of the elected body and thus, has an avenue to seek redressal, it is submitted by the learned Counsel that the elected body is not an efficacious body as the petitioner is unable to have his say a surprising aspect as the panchayat system has been introduced towards devolution of powers for local self governance.
3.Be that as it may, since the petitioner has made a representation on 22.10.2014, to the first respondent, the said respondent may look into the matter and after hearing all concerned, pass appropriate orders in accordance with law, within three months of receipt of the order.
4.The writ petition accordingly, stands disposed of. No costs. Consequently, connected MPs are closed.
(S.K.K.,C.J.) (M.M.S.,J.) 02-02-2015 Index: yes/no nsv To:
1.The Commissioner of Municipal Administration Directorate4 of Municipal Administration Ezhilagam Annex, Chepauk, Chennai 600 005
2.The Regional Director of Municipal Administration Vellore Region Sarathi Nagar, Kakithapattarai, Vellore 632 012 Vellore District
3.The Executive Engineer TWAD Board Major Project Division I, No.8, First East Main Road Gandhi Nagar, Vellore 632 006 Vellore District
4.The Deputy Superintendent of Police Vigilance and Anti Corruption Wing Vellore Region, Neeli Godown Street Near Mummi Hospital Vellore 632 001, Vellore District
5.The Joint Director Local Fund Audit Department Officers Lane, Vellore 632 001 Vellore District
6.The Chief Manager Indian Bank Vaniyambadi Branch R.D.R. Complex, C.L. Road Vaniyambadi 635 751 Vellore District THE HON'BLE CHIEF JUSTICE AND M.M.SUNDRESH, J.
nsv W.P.No.2422 of 2015 Dt: 02-02-2015