Disposed

Chellamuthu v. The State rep. by the

Madras HC31 Jan 2017WP/29366/2016

Case brief

AI extract

What is this about?

The petitioner filed a writ petition directing the District Collector to conduct an enquiry regarding alleged irregularities in a road project that disbursed payments before an interim stay order. The Court called upon the District Collector to file an affidavit concerning payment probity before disposing the petition.

What did the court decide?

The writ petition is disposed of; the District Collector is directed to file an affidavit within two weeks detailing approved contractual payments and processing timeframes. List for compliance on 24.

Chellamuthu Vs The State rep. by the — Corruption | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 31.01.2017

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CORAM :

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The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE

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AND

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The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.29366 of 2016

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Chellamuthu .. Petitioner Vs 1. The State, rep. by the Secretary to Government, Public Works Department, Secretariat Chennai-600 009. 2. The Director Panchayat Raj Rural Development Department, 4th Floor, Panagal Malikai, Saidapet, Chennai-600 015. 3. The Chief Engineer P.W.D. W.R.O., Trichy Region, Pudukottai Road , P.B.No.803, Subramaniapuram, Trichirappalli 620 020. 4. The Executive Engineer, P.W.D. W.R.O., Sarabanga Basin Division, Namakkal. 5. The Assistant Executive Engineer, Public Works Department, Sarabanga Basin Division, Attur, Salem District. 6. The Executive Engineer, NABARD Scheme, (Roads and Bridges), District Rural Development, Collectorate Campus, Salem. 7. The Executive Engineer, Public Works Department, Planning Design Division, Hasthampatti, Salem-7. 8. The District Collector, Salem District, Salem.

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https://hcservices.ecourts.gov.in/hcservices/

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The District Revenue Officer, Collectorate Campus, Salem District, Salem. 10. The Project Officer, District Rural Development, Collectorate Campus, Salem. 11. The Revenue Divisional Officer, Attur, Salem District. 12. The Tahsildar, Attur Taluk, Salem District. 13. The Block Development Officer, Thalaivasal Union, Salem District. 14. The Assistant Executive Engineer, Thalaivasal Union, Salem District. 15. K.Venkatachalam, 16. M.Chinnathambi The President, Siruvachur Panchayat, Attur Taluk, Salem District. 17. P.Periyasamy Union Counselor, Siruvachur Village, Attur Taluk, Salem District. 18. KulluGounder President of Milk Producers Cooperative Society, Siruvachur Village, Attur Taluk, Salem District. 19. Arunachalam 20. Ramu 21. R.Karuppiah 22 Alamarathan 23 Prakasam 24 P.Bharathidasan 25 V.Periyannan 26 V.Murugan 27 P.Periyannan 28 Selvam .. Respondents (Respondent Nos.19 to 28 impleaded as per the order dt. 5.12.2016 in WMP.No.34995 of 2016)

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Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 8^th respondent to conduct the enquiry by appointing suitable person in order to take action against the erred officers involved in the work namely “formation of That Road from Primary Health Centre to Indra Nagar viz., Anbu Nagar, Siruvachur village,

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https://hcservices.ecourts.gov.in/hcservices/

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Attur Taluk, Salem District” which was taken place in the river comprising in Survey Nos.184, 185 & 186 and Chinnapillai Odai comprising in Survey No.188 as against the administrative sanction (A.S) and consequently direct the 8^th respondent to remove the encroachment by ensuring the river and Chinnapillai Odai into the original position enable to maintain the water storage in the check dam and the ground water level in the locality at Siruvachur village, Attur Taluk, Salem District.

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Mr.V.S.Ramesh for R13, R16 & R17

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No appearance for R18 * * * * * ORDER (Order of the Court was made by The Hon'ble Chief Justice)

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The affidavit filed by the District Collector/respondent No.8 shows that the authorities have acted with considerable speed to disburse the payment in the present case, certainly not done under normal circumstances. An order was passed by this Court on 24.08.2016 granting interim stay. The bill was passed on 29.8.2016, approved on the next day (30.8.2016) by the District Collector and payment was disbursed by the Project Director on 02.9.2016. It is stated that thus the disbursal took place before the interim order passed by this Court. The person present in Court, who made the statement on 28.9.2016 was not fully aware of the facts.

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In order to satisfy the conscience of the Court about the probity and the manner in which the payment was made, we call upon respondent No.8/District Collector, Salem to file an affidavit stating how many contractual payments he had approved during his tenure in Salem District and what is the time period taken from the receipt of the bill passed till the approval and disbursal of payment.

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The affidavit be filed within two weeks.

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The writ petition, accordingly, stands disposed of. No costs.

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https://hcservices.ecourts.gov.in/hcservices/

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List for compliance on 24.02.2017.

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s/d-

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Assistant Registrar(CO)

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//True Copy//

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To	Sub-Assistant Registrar
1 2	The Secretary to Government, Public Works Department, Secretariat Chennai-600 009. The Director Panchayat Raj Rural Development Department, 4th Floor, Panagal Malikai,
	Saidapet, Chennai-600 015.
3	The Chief Engineer P.W.D. W.R.O., Trichy Region, Pudukottai Road ,
	P.B.No.803, Subramaniapuram,
	Trichirappalli 620 020.
4	The Executive Engineer,
	P.W.D. W.R.O.,
	Sarabanga Basin Division, Namakkal.
5	The Assistant Executive Engineer,
	Public Works Department, Sarabanga Basin Division, Attur, Salem District.
6	The Executive Engineer, NABARD Scheme,
	(Roads and Bridges),
	District Rural Development,
	Collectorate Campus, Salem.
7	The Executive Engineer, Public Works Department, Planning Design Division,
8	Hasthampatti, Salem-7. The District Collector, Salem District,
	Salem.
9	The District Revenue Officer, Collectorate Campus, Salem District, Salem.
10	The Project Officer, District Rural Development,
	Collectorate Campus, Salem.

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https://hcservices.ecourts.gov.in/hcservices/

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11 The Revenue Divisional Officer,

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Attur, Salem District. 12 The Tahsildar, Attur Taluk, Salem District. 13 The Block Development Officer,

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Thalaivasal Union, Salem District. 14 The Assistant Executive Engineer,

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Thalaivasal Union, Salem District.

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Copy to:-

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The Sub Assistant Registrar (Writs),
High Court, Madras.
+1 CC to M/s. R. Marudhachalamurthy, Advocate sr 6150
+1 CC to Government Pleader sr 6216
Copy To:
The Section Officer,
Writ Section, High Court, Madras
(To Post this case on 24.02.2017)
W.P.No.29366 of 2016
KJ(CO)
sp/6/2

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https://hcservices.ecourts.gov.in/hcservices/

Chellamuthu v. The State rep. by the

Case brief

What is this about?

What did the court decide?

Chellamuthu v. The State rep. by the

Case brief

What is this about?

What did the court decide?

What the court decided

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