Madras High Court
Kundankulam Village Panchayat vs The Director Of Rural Development on 26 June, 2014
Author: R.Subbiah
Bench: R.Subbiah
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2014 Coram THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition (MD) No.5150 of 2014 Kundankulam Village Panchayat Represented by its President V.Sandal Muthuraj Kudankulam Radhapuram Taluk, Tirunelveli District. .. Petitioner Vs. 1.The Director of Rural Development, Panakal Palace, Saithapettai, Chennai. 2.The District Collector, Tirunelveli District, Tirunelveli. 3.The Block Development Officer (Village Panchayat) Radhapuram Panchayat Union, Tirunelveli District. . . Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to prepare estimates and sanction necessary funds thereon by taking note of the need of the Kudankulam Panchayat forthwith based on the resolution dated 01.10.2013, 22.01.2013 and 03.03.2014. !For Petitioner : Mr.S.Balamurugan For Respondent :Mr.M.Raja Rajan Government Advocate :ORDER
The present writ petition has been filed for a Mandamus directing the respondents to prepare estimates and sanction necessary funds thereon by taking note of the need of the Kudankulam Panchayat forthwith based on the resolution dated 01.10.2013, 22.01.2013 and 03.03.2014.
2. In the petition, the petitioner has averred that he is the permanent resident of Kudankulam Village and he his continuously fighting for the socially underprivileged and marginalized people within the purview of established law. The petitioner is the elected president of Kudunkulam Village Panchayat . Right from the inception of office as a President, he executed several developmental works within his Panchayat. But, for taking political vengeance, his cheque signing power has been divested and the said power has been entrusted with the third respondent by the proceedings dated 09.07.2013. In fact, in view of Public Welfare, the petitioner has passed several resolutions to meet out the basic needs of Public with great struggle in getting sanction from the third respondent. Due to inaction on the part of third respondent in sanctioning of funds and preparation of estimates, the basic needs such as lighting on the streets, improvement of roads and providing drinking water and removal of encroachments from the water channel etc., have been shelved for want of funds. Therefore, on 01.10.2013, the petitioner's Panchayat has a passed a resolution relating to laying of concrete road, forming drainage and providing water to the general public and the same was also forwarded to the third respondent in order to enable the 3rd respondent to prepare and estimate and sanction of necessary funds. Even thereafter, the petitioners Panchayat requested the respondents for several developmental works in the Panchayat and resolutions also were passed on 22.01.2014 to that effect. Despite repeated request made by the petitioner Panchayat, none of the respondents are taking any action either to prepare estimate or sanction any amount which leads the entire general public to remain in dejection and their legitimate expectation has also been defeated. Hence, the petitioner has come forward with the present writ petition for the relief as stated earlier.
3. Though this Court is not inclined to give positive direction to the respondents, this Court is of the opinion to give direction to the third respondent to pass orders on the resolution. Accordingly, the third respondent is directed to take appropriate steps in respect of the resolution passed by the council of the petitioner's Panchayat R.SUBBIAH,J jikr dated 01.10.2013, 23.08.2013 and 03.03.2014 and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of with the above direction. No costs.
To
1.The Director of Rural Development, Panakal Palace, Saithapettai, Chennai.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.The Block Development Officer (Village Panchayat) Radhapuram Panchayat Union, Tirunelveli District.