C SUGUNDEVI Vs. ASSISTANT DIRECTOR RURAL DEVELOPMENT

JUDGEMENT

(1.) THE present writ petition is filed challenging the impugned order passed by the 2nd respondent, District Collector, Erode, in Na.Ka.No.34927/X2/2002 dated 27.12.2003.

(2.) AS per the Section 167(4) of the Tamil Nadu Panchayats Act, 1994, the Local Cess collected in every Panchayat Development Block, are allocated to the concerned village funds and the same is also utilized by the Village Panchyat for the benefit of developmental work, like, construction of drainage channel and also carrying out repair works in the village. Since there was a vast extent of Blue Metal quarry available in R.S.No.667/1 in Nanjai Uthukali Village Panchayat, the respondents after collecting the Local Cess, Cess Surcharge, apart from Seigneours Fees, credited 20% of the proceeds from the amount collected as Local Cess in the petitioner's village panchayat account.Subsequent to that, the 1st respondent sanctioned a sum of Rs.2,04,000/- by order dated 27.03.2003.After the receipt of the above said amount, the petitioner's panchayat passed a resolution to utilise the above said funds for various developmental works in the petitioner's village panchayat, like, construction of drainage channel and carrying out the repair works in the village, etc. After releasing the above said amount to the panchayat for the developmental activities, the 2nd respondent, by impugned order dated 27.12.2003 passed in Na.Ka.No.34927/ X2/2002, directed the 1st respondent, the ASsistant Director, Rural Development, Erode District, to get back the money already allocated to the petitioner's panchayat, so that the same could be handed over to one Muthugoundanpalayam Village Panchayat, on the ground that the amount has been wrongly given to the petitioner's panchayat, since the same was meant for another village, namley, Muthugoundapalayam Village Panchayat.

(3.) NO doubt, an enquiry was conducted to find out whether the quarries in S.NOs.330, 331, 326 and 335, are belonging to the petitioner's Village Panchyat or Muthugoundanpalaym Village Panchyat. In the said enquiry, the Village Administrative Officer, after proper enquiry, has submitted a report stating that the quarries lying inS.NOs.330, 331, 326 and 335, belong to Muthugoundanpalaym Village Panchyat. Therefore, the amount of Rs.2,04,000/-, which is wrongly sent to the petitioner's Village Panchyat, should have been paid to Muthugoundanpalaym Village Panchayat, since 20% of proceeds of Local Cess are legally payable to the said Panchyat. Therefore, this Court is of the considered view that the impugned order passed by the 2nd respondent cannot be found fault with. In result, the writ petition is dismissed. NO Costs.