T. BOOMINATHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) HEARD Mr. M. Kannan, the learned counsel appearing on behalf of the petitioner, Mr. A.K. Baskarapandian, the learned Special Government Pleader, appearing on behalf of the respondents 1, 3 and 4 and Mr. D. Sasikumar, the learned counsel appearing on behalf of the respondents 5 and 6.

(2.) THIS Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus directing the respondents 1 to 4 to take action against the sixth respondent for the misappropriation of the funds, belonging to the fifth respondent panchayat, from the year 2006.

(3.) IT has been further stated that the sixth respondent herein had been elected as the President of A. Punavasal Village Panchayat, Kadaladi Taluk, Ramanathapuram District, during the election held in the year, 2006. After having taken charge of the post of the President of the said panchayat, the sixth respondent had failed to implement the welfare measures, contemplated by the State Government. She had not taken any steps to reduce the unemployment problem in the area concerned, inspite of several representations having been made to her. Instead, she had been mis -utilizing and misappropriating the panchayats funds, from the time she had assumed charge as the President of the said panchayat. From the audit reports available, pertaining to the years 2006 to 2011, it could be seen that she had misappropriated the panchayats funds to the tune of more than Rs. 30,00,000/ - Inspite of such irregularities being pointed out in the audit reports, no action had been taken for the recovery of the money, from the sixth respondent, under the Tamil Nadu Panchayats [Issue and Disposal of Audit Report of Village Panchayats] Rules, 2000. Further, no surcharge proceedings or criminal prosecution had been initiated against the sixth respondent. In such circumstances, the petitioner has preferred the present Writ Petition, before this Court, under Article 226 of the Constitution of India, to highlight the irregularities committed by the sixth respondent, including the misappropriation of the panchayat funds and to direct the authorities concerned to initiate appropriate action against the sixth respondent, based on the audit reports.