2009 Supreme(Mad) 4952
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. CHANDRU
M. Selvam
Versus
District Collector, Salem District & Others
W.P No.17758 of 2009 & M.P.No.1 of 2009
Decided On : 19-11-2009
For the Petitioner:S. Mani, Advocate.
For the Respondents:R1, R2, R. Neelakandan, G.A. R3, R4, A. Arumugam, Advocate.
The Court refused to interfere with the Panchayat Union Council's decision on allocation of funds, emphasizing that it is for the Council to decide the nature of work and allocation of funds.
Headnote:
Panchayat Act - Allocation of Funds - Court refuses to interfere with Panchayat Union Council's decision on allocation of funds for development works
Fact of the Case:
The petitioner, a councilor, sought to cancel a tender notification and equal distribution of funds for development works in the Panchayat Union, alleging discriminatory allocation by the Chairman and Vice-Chairman.
Finding of the Court:
The Court refused to interfere with the Panchayat Union Council's decision on allocation of funds, stating that it is for the Council to decide the nature of work and allocation of funds. The petitioner was advised to challenge the decision through an appeal to the District Collector under Section 202 of the Panchayat Act.
Issues: Alleged discriminatory allocation of funds, interference with Panchayat Union Council's decision
Ratio Decidendi: The Court held that it is not within its jurisdiction to decide on the allocation of funds for each Ward within the Panchayat Union Council, and advised the petitioner to seek redressal through the appropriate appeal process.
Final Decision: The writ petition was dismissed, and no costs were awarded.
The petitioner is a councilor for the 12th Ward in Kadayampatti Panchayat Union of Karuvalli village. The petitioner has come forward to file the present writ petition seeking to cancel the tender notification dated 8. 2009 calling for various items of work in the Panchayat Union in respect of 19 Wards and for a direction to equally distribute the amounts for all 19 Wards in terms of the advice note given by the first respondent dated 27. 2009.
2. It is stated by the petitioner that whenever any funds are sanctioned for projects, the Chairman and Vice-Chairman of the Panchayat Union takes the better part of the cake and leaves only a fringe benefit for other councilors for development works in their Wards. Therefore, when an amount of Rs.1,52,00,000/-were sanctioned, Rs.52 lakhs were appropriated for the 16th and 9th Wards, which the Chairman and Vice-Chairman hails and the balance Rs.1 crore was divided among the 17 Wards. This has necessitated one Rajeshwari, the Councilor of Ward No.2 to file a writ petition before this Court being W.P.No.6871 of 2009. This Court, by a final order dated 14. 2009, directed the first respondent-District Collector to consider her representation and pass appropriate orders. Pursuant to the direction, the District Collector, by proceedings dated 27. 2009 stated that there must be a non-discriminatory approach in allocation of funds and the panchayat union is advised not to give room for any complaints and the Block Development Officer was also made to supervise these matters.
3. The grievance of the petitioner is that notwithstanding the advice of the District Collector, a resolution was passed on 29. 2009 once again calling for tender for various works in which the petitioner Ward is discriminated. According to the petitioner, it is contrary to the advice given by the District Collector. Pursuant to the resolution of the Panchayat Union Council, various tender notifications were issued in respect of various projects, which are enclosed in the typed set from page Nos.5 to 36. The tender notifications were issued on 3rd August, 2009. This Court is not able to agree with the submission made by the learned counsel for the petitioner that once allotments were made and tender notifications were issued, the amounts should be allotted to each Ward and each Ward must be given a equal share. As can be seen from the various projects, each project cost is different and the nature of work is also different. It is for the Panchayat Union Council to decide what should be the nature of work to be undertaken in a particular area. There is no question of this Court interfering with the decision taken by a Panchayat Union Council. In case the petitioner is aggrieved that such a decision or a resolution passed by the Panchayat Union Council is illegal and contrary to the provisions of the Panchayat Act, it is open to the petitioner to challenge the same by way of an appeal to the District Collector under Section 202 of the Panchayat Act and get his grievances redressed. It is not for this Court (sra) to decide as to what should be the provision to each panchayat union and what allocations should be made to each Ward within the Panchayat Union Council. The writ petition is misconceived and accordingly, stands dismissed. No order as to costs. Connected Miscellaneous Petition is closed.