Madras High Court
Periyachi vs The District Collector on 22 June, 2021
W.P(MD)No. 10091 of 2021
Periyachi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P(MD)No.10091 of 2021
and
W.M.P.(MD).No.7814 of 2021
(Through video conferencing)
Periyachi ... Petitioner
Vs.
1.The District Collector,
Office of the District Collector,
Thanjavur District.
2.The Project Director,
District Rural Development Agency,
Thanjavur.
3.The Block Development officer/Commissioner,
Madukkur Town Panchayat Union,
Pattukottai Taluk,
Thanjavur District. ... Respondents
https://www.mhc.tn.gov.in/judis/
1/6
W.P(MD)No. 10091 of 2021
Periyachi v. The District Collector
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, for issuance of a writ of Mandamus, calling for the records
pertaining to the impugned order issued by the second respondent in
Na.Ka.No.1515/2017/A4 dated 30.11.2020 and quash the same.
For Petitioner : Mr.B.Jameel Arasu
for M/s.J.Vishnu
For Respondents 1 & 2 : Mr.M.Lingadurai,
Government Advocate (Civil side)
For Respondent No.3 : Mr.R.Raghavendran
ORDER
This writ petition has been filed challenging the proceedings of
the second respondent dated 30.11.2020.
2. The case of the petitioner is that the impugned
communication has been issued by the second respondent to disburse the
amount from the general fund of the Panchayat for the purpose of laying
roads under the Tamilnadu Rural Roads Improvement Scheme(TNRRIS).
According to the petitioner, who is the erstwhile Ward Union Councillor,
such a direction cannot be issued by the second respondent Union
https://www.mhc.tn.gov.in/judis/
W.P(MD)No. 10091 of 2021
Periyachi v. The District Collector
unilaterally and the same is opposed to law.
3. The learned counsel for the petitioner submitted that the
issue involved in the present writ petition is squarely covered by the
earlier judgment of this Court wherein this Court has categorically held
that the funds that are allocated for the Panchayat cannot be utilised for
the purpose of carrying out road work in the respective villages without
the concurrence of the elected body.
4. Heard Mr.B.Jameel Arasu, learned counsel appearing for
the petitioner and Mr.M.Lingadurai, learned Government Advocate
(Civil side) appearing for the respondents 1 &2 and Mr.R.Raghavendran,
learned counsel appearing for the third respondent.
5. This Court in a batch of writ petitions in W.P.(MD).No.9931
of 2020 etc., and W.P.(MD).Nos.14020 of 2020 etc., has held that the
general fund belonging to the Panchayat cannot be utilised without the
concurrence of the elected body. The impugned communication of the
second respondent is liable to be interfered based on the said judgment.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No. 10091 of 2021
Periyachi v. The District Collector
6. In view of the above, the impugned communication of the
second respondent in Na.Ka.No.1515/2017/A4 dated 30.11.2020 is
hereby quashed. However, it is made clear that wherever the work orders
have already been issued, work can continue and this order will not stand
in the way of completion of the work which had already commenced.
That apart, in all cases, where the work is under progress or it has already
been completed, the necessary payment has to be made. This direction is
given considering the fact that a third party who has already undertaken
the work should not be deprived of being paid what is due and payable to
him.
7. The approval for the payment shall be placed before the
elected council and on their sanction, the amount shall be paid. The
elected council shall take a decision within a period of four weeks as and
when any sanction is being sought for the payment for the work that has
already been undertaken.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No. 10091 of 2021
Periyachi v. The District Collector
8. This writ petition is accordingly allowed. No Costs.
Consequently, connected miscellaneous petition is closed.
22.06.2021
Index : Yes / No
Internet : Yes/ No
PJL
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the
correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The District Collector,
Office of the District Collector,
Thanjavur District.
2.The Project Director,
District Rural Development Agency,
Thanjavur.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No. 10091 of 2021
Periyachi v. The District Collector
N.ANAND VENKATESH, J.
PJL
3.The Block Development officer/Commissioner,
Madukkur Town Panchayat Union,
Pattukottai Taluk,
Thanjavur District.
W.P(MD)No.10091 of 2021
22.06.2021
https://www.mhc.tn.gov.in/judis/
