The High Court refused to entertain the writ petition as Public Interest Litigation regarding Assembly Constituency Development Funds, stating it is a matter of discretion for elected representatives. The petition was accordingly closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM
W.P.No.11641 of 2015
and
M.P.Nos.1 and 2 of 2015
V.Muthukumaran .. Petitioner
-vs-
1. The Secretary,
Government of Tamilnadu,
Financial Department,
Chennai.
2. The Secretary,
Government of Tamilnadu,
Rural Development, Panchayatraj Department,
Chennai.
3. The District Collector,
Ariyalur,
Ariyalur District. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Mandamus directing the respondents to
consider the petitioner representation dated 14.03.2015 and
consequently direct the 3 rd respondent to hold the funds of Ariyalur
constituency member.
For Petitioner : Mr.S.Gunalan For Respondents : Mr.STS.Moorthy Government Pleader * * * * * ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
Petitioner seeks to assail sanction of Rs.2.00 lakhs from the Assembly Constituency Development Funds of the local Member of
Legislative Assembly, whereby the road has to be laid on the northern bank of Nanthiyar Canal. It is the case of the petitioner that southern bank is in dire need of proper road, while more money is being spent on the northern side only to benefit one private party. It is, in this context, his submission is that as per Annexure-I in G.O.Ms.No.165, dated 30.12.2014 of Rural Development and Panchayat Raj (SGS1) Department, paragraph 3 contains negative list/prohibited works, in which, paragraph 3.2 deals with assets for individual/family benefits with exception of construction of new houses in Town Panchayats as per Indira Awaas Yojana norms. He, thus, submits that construction of the road is prohibited, as it is for the benefit of one person alone.
ug(co) prk14/5
W.P.No.11641 of 2015
1 issue framed by the court
Whether the expenditure from Assembly Constituency Development Funds constitutes a matter fit for Public Interest Litigation.
1 provisions across 1 enactments
V.Muthukumaran
The Secretary, Government of Tamilnadu, Financial Department
The Secretary, Government of Tamilnadu, Rural Development
The District Collector, Ariyalur
Sanjay Kishan Kaul
T.S.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
