W.P.(MD)No.15377 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 18.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH

AND

THE HONOURABLE Mrs. JUSTICE R.HEMALATHA

W.P.(MD)No.15377 of 2022

Palanichamy

: Petitioner

Vs.

1.The Director

Rural Development and Panchayatraj Department

Panagal Building

Jeenis Road, Saidapet

Chennai 600 015.

2.The District Collector cum Inspector of Panchayats,

Sivagangai District

Sivagangai

3.The Block Development Officer (Village Panchayat)

S.Pudur Panchayat Union,

Singampunari Taluk

Sivagangai District.

4.R.Selvam

: Respondents

PRAYER: Petition is filed under Article 226 of the Constitution of India

praying for issuance of a Writ of Mandamus to direct the 1^st and 2^nd

respondents to take necessary action for committed misappropriation in

1/5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.15377 of 2022

the panchayat accounts, Mahatma Gandhi National Rural Employment

guarantee scheme (MGNREGS) and Pradhan Mantry Gramin Awas

Yojana (PMAY) scheme during the year 2016 to 2020 in Varappur

Village Panchayat, S.Pudur Panchayat Union, Sivagangai District on the

basis of petitioner's representations dated 10.02.2022 within a time frame

that may be fixed by this Court.

For Petitioner

: Mr.T.Vadivelan

For Respondents

: Mr.SRA.Ramachandran

for R1 to R3

Additional Government Pleader

ORDER

(Order of the Court was made by P.N.PRAKASH, J.)

Alleging that the fourth respondent has misappropriated some

funds from the panchayat accounts in connection with MGNREGS and

PMAY, the petitioner gave a representation dated 10.02.2022 and has

thereafter filed the present public interest litigation for a direction to the

respondents to dispose of the petitioner's representation.

2.Today, Mr.M.Jeyasurya, Zonal Deputy Block Development

Officer (Zone – 1), Panchayat Union, S.Pudur Bock, Sivagangai District

is present.

2/5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.15377 of 2022

3.This Court heard the learned counsel for the petitioner and

perused the representation as well the averments in the affidavit of the

petitioner in support of the prayer. We find that the petitioner has not

made any specific allegation of misappropriation and has instead made

vague allegations, based on which, a direction cannot be issued. That

apart, even according to the petitioner, the allegation period relates to

2016 to 2020. In fact, as held by the Supreme Court in Secretary, Minor

Irrigation v. Sahangoo Ram Arya [(2002) 5 SCC 521, a direction cannot

be issued in order to find out if a person has committed an offence, as

that would be in violation of Article 21 of the Constitution of India. In

such view of the matter, we find no merit in this writ petition.

Accordingly, the writ petition is dismissed. No costs.

[P.N.P., J.] & [R.H., J.]

18.07.2022

Internet

: Yes

RR

3/5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.15377 of 2022

To

1.The Director

Rural Development and Panchayatraj Department

Panagal Building

Jeenis Road, Saidapet

Chennai 600 015.

2.The District Collector cum Inspector of Panchayats,

Sivagangai District

Sivagangai

3.The Block Development Officer (Village Panchayat)

S.Pudur Panchayat Union,

Singampunari Taluk

Sivagangai District.

4/5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.15377 of 2022

P.N.PRAKASH, J

AND

R.HEMALATHA, J

RR

Order made in

W.P.(MD)No.15377 of 2022

18.07.2022

5/5

https://www.mhc.tn.gov.in/judis