Madras High Court
R.Sugumaran vs The Secretary on 9 November, 2021
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.Nos.2071 and 2133 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.2071 and 2133 of 2020
And
W.M.P.Nos.2413 and 2489 of 2020
R.Sugumaran ... Petitioner in both the W.Ps.
Vs.
1.The Secretary,
Government of India,
Ministry of Statistics and Programme Implementation
Sardar Patel Bhavan,
Parliament Street,
New Delhi -110 001.
2.The Secretary to Government,
Government of Puducherry,
Chief Secretariat,
Goubert Avenue,
Puduchery - 605 001.
3.The Director
Directorate of Economics and Statistics,
Puducherry Administration,
No.505, Kamaraj Salai,
New Saram,
Puducherry - 605 013.
4.The Project Director
District Rural Development Agency,
II Floor PHB Building,
Anna Nagar, Nellithope
Puducherry - 605 005.
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W.P.Nos.2071 and 2133 of 2020
5.The Director,
Directorate of Art and Culture,
No.1 Romain Rolland Street,
Puducherry - 605 001.
6.The Registrar of Companies
No.7, 2nd Floor, Karuvadikuppam Main Road
Muthialpet, Puducherry - 605 003.
7.Pudhuvai Tamizh Sangam
Represented by its President,
No.2, Tamizh Sangam Veedhi,
45 feet Vallalar Road,
Venkatanagar,
Puducherry – 605 001. ... Respondents in W.P.No.2071/2020
1.The Secretary to Government,
Government of Puducherry,
Chief Secretariat,
Goubert Avenue,
Puduchery - 605 001.
2.The Director,
Directorate of Art and Culture,
No.1 Romain Rolland Street,
Puducherry - 605 001.
3.The Registrar of Companies
No.7, 2nd Floor, Karuvadikuppam Main Road
Muthialpet, Puducherry - 605 003.
4.Pudhuvai Tamizh Sangam
Represented by its President,
No.2, Tamizh Sangam Veedhi,
45 feet Vallalar Road,
Venkatanagar,
Puducherry – 605 001. ... Respondents in W.P.No.2133/2020
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W.P.Nos.2071 and 2133 of 2020
Prayer in W.P.No.2071 of 2020:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the 1, 3 and 4 Respondents to
enquire into the misuse of MPLAD Scheme Fund by the 7th Respondent
that was sanctioned vide Order No. 22/ DRDA / EC/ MPLADS (RS)
/2003-03 dated 20.11.2002 for the purpose of library, take
appropriate action against the offenders managing the 7th Respondent
and direct the 4th respondent to take over the assets of the 7th
Respondent created out of funds sanctioned under the stated MPLAD
Scheme manage and use the assets for the rightful functioning of
library at R.S.No.311/1, Venkatanagar, Vallalar Salai,Saram Revenue
Village, Oulgaret Municipality, Puducherry.
Prayer in W.P.No.2133 of 2020:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to constitute a
Committee to enquire into the moneys received by the 4th respondent
from the 2nd respondent and other sources about the 4th respondent's
statutory non-compliances and report to this Hon'ble Court for
appropriate action against the offenders and persons responsible for
managing the 4th respondent 2010-2019.
For Petitioner : Mr.S.P.Vijayaragavan
in both the W.Ps.
For Respondents : M/s.G.Diearany
Government Advocate for Puducherry
in both the W.Ps.
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W.P.Nos.2071 and 2133 of 2020
COMMON ORDER
Since the issue involved in these writ petitions are common in nature, they are heard together and disposed of by way of a common order.
2.The case of the petitioner is that the petitioner is the life member of Pudhuvai Tamizh Sangam. Pudhuvai Tamizh Sangam was sanctioned with funds for construction of building for library, purchase of books and allied purpose at R.S.No.311/1, Venkatanagar, Vallalar Salai, Saram Revenue Village, Oulgaret Municipality, Puducherry as per the guidelines of the Member of Parliament Local Area Development Scheme (in short 'MPLAD' Scheme).
3.The further case of the petitioner is that the then President of the Pudhuvai Tamizh Sangam namely, Thiru.Mannarmannan had submitted an affidavit on behalf of the Sangam agreeing to utilize the building only for the purpose of running a library and in the event of any misappropriation were to take place in this regard, the Project Director, District Rural Development Agency, Puducherry could take over the building. Apart from the said affidavit, an agreement was also entered between the District Rural Development Agency, 4/8 https://www.mhc.tn.gov.in/judis W.P.Nos.2071 and 2133 of 2020 Puducherry and Pudhuvai Tamizh Sangam on 27.02.2003 registered as Document No.152/2003, Book 4 Volume 247 pages 249 to 252 at the Sub-Registrar Office, Puducherry.
4.The further case of the petitioner is that contrary to the said agreement, the building constructed out of MPLAD fund for the purpose of library has been let out for all purposes other than functioning as a library to private parties. Aggrieved by the activities of the Pudhuvai Tamizh Sangam, the petitioner has filed these writ petitions.
5.The learned counsel appearing for the petitioner would submit that aggrieved by the activities of Pudhuvai Tamizh Sangam, the petitioner made representation dated 05.10.2019 to the Project Director, District Rural Development Agency, Puducherry redressing his grievances and seeking to take appropriate action against the erred Officials. Hence, without going into the merits of the case, it would suffice, if this Court issues direction to the Project Director, District Rural Development Agency, Puducherry, to consider the petitioner's representation dated 05.10.2019 and to pass appropriate orders. 5/8 https://www.mhc.tn.gov.in/judis W.P.Nos.2071 and 2133 of 2020
6.The learned Government Advocate for Puducherry raise no serious objection for this Court considering the limited relief now sought for by the learned counsel appearing for the petitioner.
7.Considering the limited relief now sought for by the learned counsel appearing for the petitioner, this Court directs the Project Director, District Rural Development Agency, Puducherry, to consider the petitioner's representation dated 05.10.2019, on merits and in accordance with law and after affording an opportunity of hearing to the Pudhuvai Tamizh Sangam, shall pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.
8.These writ petitions are accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
09.11.2021 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 6/8 https://www.mhc.tn.gov.in/judis W.P.Nos.2071 and 2133 of 2020 To
1.The Secretary, Government of India, Ministry of Statistics and Programme Implementation Sardar Patel Bhavan, Parliament Street, New Delhi -110 001.
2.The Secretary to Government, Government of Puducherry, Chief Secretariat, Goubert Avenue, Puduchery - 605 001.
3.The Director Directorate of Economics and Statistics, Puducherry Administration, No.505, Kamaraj Salai, New Saram, Puducherry - 605 013.
4.The Project Director District Rural Development Agency, II Floor PHB Building, Anna Nagar, Nellithope Puducherry - 605 005.
5.The Director, Directorate of Art and Culture, No.1 Romain Rolland Street, Puducherry - 605 001.
6.The Registrar of Companies No.7, 2nd Floor, Karuvadikuppam Main Road Muthialpet, Puducherry - 605 003.
7.Pudhuvai Tamizh Sangam Represented by its President, No.2, Tamizh Sangam Veedhi, 45 feet Vallalar Road, Venkatanagar, Puducherry – 605 001.
7/8 https://www.mhc.tn.gov.in/judis W.P.Nos.2071 and 2133 of 2020 M.DHANDAPANI,J.
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