Allowed

Musiri Panchayat Union, v. The District Collector

Madras HC4 Jan 2021WP(MD)/13022/2020

Case brief

AI extract

What is this about?

Five writ petitions filed by Panchayat Unions challenging a District Collector's order mandating the deduction of funds from State Finance Commission Population Grants for the Tamil Nadu Rural Roads Improvement Scheme. The Court quashed the order upon learning that the scheme is funded by independent allocation.

What did the court decide?

The impugned communication is quashed; writ petitions allowed. Consequently, connected miscellaneous petitions are closed.

Musiri Panchayat Union, Vs The District Collector — Landlord and Tenant | Madras HC (2021)

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1 W.P.(MD)NO.13022 OF 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2021

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.13022, 13032, 13036,

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13037 & 13039 of 2020 and W.M.P.(MD)Nos.10969, 10970, 10972 to 10975, 10978 & 10979, 10981 & 10982 of 2020

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W.P.(MD)No.13022 of 2020

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Musiri Panchayat Union, Rep. by its Chairman, R.Mala, Musiri Panchayat Union Office, Musiri, Trichy District.

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... Petitioner

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Vs.

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The District Collector, Thiruchirappalli District, Thiruchirappalli.

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The Block Development Officer, Musiri Panchayat Union, Trichy District. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent herein in his proceedings in Se.Mu.No.A7/1448/2019 dated 21.08.2020 in connection with the petitioner's Musiri Panchayat Union and quash the same as illegal, arbitrary and consequently directing the first respondent to send any official communication only to the Chairman of concerned Panchayat Union.

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W.P.(MD)No.13032 of 2020

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Thathaiyangarpettai Panchayat Union, Rep. by its Chairman, P.Sharmila Prabakaran, Thathaiyangarpettai Panchayat Union Office, Thathaiyangarpettai, Trichy District. ... Petitioner

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Vs.

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The District Collector, Thiruchirappalli District, Thiruchirappalli.

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

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2 W.P.(MD)NO.13022 OF 2020

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The Block Development Officer, Thathaiyangarpetti Panchayat Union, Trichy District. ... Respondents

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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent herein in his proceedings in Se.Mu.No.A7/1448/2019 dated 21.08.2020 in connection with the petitioner's Thathaiyangarpettai Panchayat Union and quash the same as illegal, arbitrary and consequently directing the first respondent to send any official communication only to the Chairman of concerned Panchayat Union.

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W.P.(MD)No.13036 of 2020

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Pullambadi Panchayat Union, Rep. by its Chairman, Rashiya, Pullambadi Panchayat Union Office, Pullambadi, Trichy District. ... Petitioner Vs. 1. The District Collector, Thiruchirappalli District, Thiruchirappalli. 2. The Block Development Officer, Pullambadi Panchayat Union, Trichy District. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent herein in his proceedings in Se.Mu.No.A7/1448/2019 dated 21.08.2020 in connection with the petitioner's Pullambadi Panchayat Union and quash the same as illegal, arbitrary and consequently directing the first respondent to send any official communication only to the Chairman of concerned Panchayat Union.

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W.P.(MD)No.13037 of 2020

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Lalgudi Panchayat Union, Rep. by its Chairman, T.Ravichandran, Lalgudi Panchayat Union Office, Lalgudi, Trichy District. ... Petitioner

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Vs.

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

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3 W.P.(MD)NO.13022 OF 2020

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The District Collector, Thiruchirappalli District, Thiruchirappalli.

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The Block Development Officer, Lalgudi Panchayat Union, Trichy District. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent herein in his proceedings in Se.Mu.No.A7/1448/2019 dated 21.08.2020 in connection with the petitioner's Lalgudi Panchayat Union and quash the same as illegal, arbitrary and consequently directing the first respondent to send any official communication only to the Chairman of concerned Panchayat Union.

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W.P.(MD)No.13039 of 2020

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Uppiliyapuram Panchayat Union, Rep. by its Chairman, M.Hemalatha, Uppiliyapuram Panchayat Union Office, Uppiliyapuram, Trichy District. ... Petitioner Vs.

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The District Collector, Thiruchirappalli District, Thiruchirappalli.

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The Block Development Officer, Uppiliyapuram Panchayat Union, Trichy District. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent herein in his proceedings in Se.Mu.No.A7/1448/2019 dated 21.08.2020 in connection with the petitioner's Uppiliyapuram Panchayat Union and quash the same as illegal, arbitrary and consequently directing the first respondent to send any official communication only to the Chairman of concerned Panchayat Union.

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(in all W.Ps.) For Petitioners : Mr.T.Senthil Kumar For Respondents : Mr.M.Sri Charan Rangarajan, Additional Advocate General, assisted by,

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

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3/5

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4 W.P.(MD)NO.13022 OF 2020

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Mr.S.Angappan,

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Government Advocate(Crl. Side).

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C O M M O N O R D E R

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Heard, Mr.T.Senthil Kumar, learned counsel appearing for the writ petitioners and Mr.M.Sri Charan Rangarajan, learned Additional Advocate General, assisted by Mr.S.Angappan, learned Government Advocate appearing for the respondents.

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The Chairpersons of the various Panchayat Unions of Trichy District are before this Court challenging the impugned communication issued by the District Collector, Tiruchirappalli, in his capacity as Chairperson of District Rural Development Agency (DRDA). The impugned communication mandates the Block Development Officers to adjust the expenditure to be incurred for Tamil Nadu Rural Roads Improvement Scheme (TNRRIS) from out of the Panchayat Unions share in the State Finance Commission Population Grant in the year 2020-2021.

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3.The learned Additional Advocate General clarified on instructions that Tamil Nadu Rural Roads Improvement Scheme (TNRRIS) will be funded by independent allocation and it has nothing to do with the State Finance Commission Population Grant for the year 2020-2021.

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The impugned communication is not in consonance with the stand now taken before this Court. Therefore, on this ground, the impugned communication stands quashed. These Writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed.

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/ /2021 Sub Assistant Registrar(CS)

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pmu

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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:

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The District Collector, Thiruchirappalli District,

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

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5 W.P.(MD)NO.13022 OF 2020

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The Block Development Officer, Musiri Panchayat Union, Trichy District. 3.The Block Development Officer, Thathaiyangarpetti Panchayat Union, Trichy District. 4.The Block Development Officer, Pullambadi Panchayat Union, Trichy District. 5.The Block Development Officer, Lalgudi Panchayat Union, Trichy District. 6.The Block Development Officer, Uppiliyapuram Panchayat Union, Trichy District. W.P.(MD)Nos.13022, 13032, 13036, 13037 & 13039 of 2020 04.01.2021 SSS(CO) KB(29.01.2021) 5P 7C

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

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Musiri Panchayat Union, v. The District Collector

Case brief

What is this about?

What did the court decide?

Musiri Panchayat Union, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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