Disposed

K.Senthilkumar, v. State of Tamilnadu

Madras HC16 Jul 2024WP/9810/2024

Case brief

AI extract

What is this about?

The petitioner challenged the allocation of funds and tender processes for a panchayat road project under the 'Namaku Name Thittam' scheme, alleging fund misuse. The Court directed the respondent to obtain a compliance report and file it to determine if funds were misused.

What did the court decide?

Direction issued to the first respondent to pass orders for officials to visit the site and file a compliance report before the Court on 18.09.2024.

K.Senthilkumar, Vs State of Tamilnadu — Public Procurement and Tenders | Madras HC (2024)

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W.P.No. 9810 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.07.2024

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CORAM:

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THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

W.P.No.9810 of 2024

K. Senthil Kumar

.. Petitioner

Versus

State of Tamil Nadu,

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Represented by its Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Secretariat, Chennai – 600 009

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The Director,

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Rural Development and Panchayat Raj Department, Panagal Maaligai, Saidapet, Chennai – 600 015.

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The District Collector, Vengikal, Tiruvannamalai. ...Respondents

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Prayer: This petition is filed under article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to forthwith initiate action on the representation dated 13.03.2024 of the petitioner and pass orders.

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W.P.No. 9810 of 2024

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For Petitioner : Mr.R. Lokesh

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For Respondent : Mr.A.M. Ayyadurai Government Advocate

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ORDER

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This petition is filed to seeking to issue a Writ of Mandamus directing the respondents herein to forthwith initiate action on the representation dated 13.03.2024 of the petitioner and pass orders

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The facts of the case is that the petitioner is a president of the Naarthampoondi Panchayat Thurinjapuram Panchayat Union since 05.01.2020. It is stated that there are several schemes under “Namaku Name Thittam” and the Block Development Officers are responsible for the works done in all the Panchayats coming within their respective Panchayat Union and to allot the funds. In respect of Thurinjapuram Panchayat union in Naarthamppoondi Panchayat a sum of Rs.38.946 lakhs has been granted by the Government under the “Namaku Name Thittam” for the year 2023-2024 and in total a sum of Rs.664.88 lakhs was allotted and 91 works were identified. The sum and substance of the

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https://www.mhc.tn.gov.in/judis

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W.P.No. 9810 of 2024

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case is that it was exhibited that there exists a 252 meters, 415 metes and 191 meters in Easwaran Koil Street and the work was allotted for providing CC pavement for the total 898 metes and e-tendering bulletin was issued on 06.02.2024 and 09.02.2024 and amount was also sanctioned accordingly. But the fact remains that only 315 meters exists in the said Easwaran Koil Street. Hence, the petitioner has given a representation to the respondents on 13.02.2024 regarding the alleged claim and sanction. However there was no progress till date. Hence, this petition.

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The learned counsel for the petitioner submitted that the Government officials has misused the public funds. Hence, action has to been taken against the erred officials against the representation given by the petitioner on 13.03.2024. He further submitted that according to the guide lines issued in the “Naamaku Name Thittam” online tender has to be called for irrespective of value of amount, but in the above panchayat online tenders has been called for only for the project which exceeds more than 10 lakhs. Hence prays this Court to consider the representation of the petitioner and take action against the officials who have swindled the public funds.

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https://www.mhc.tn.gov.in/judis

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W.P.No. 9810 of 2024

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Per contra, the learned Special Government Advocate pleader

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submitted that e-tender was called for and bulletin was issued on 06.02.2024 and 09.02.2024 respectively. He further submitted that no seperation in three works have been done as contended by the petitioner, rather tender bulletin was called as per the administrative sanction and instructions was also issued by the Government accordingly.

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Heard both sides and perused the materials available on record.

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On a perusal of the counter affidavit filed by the third

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respondent there was statistical details regarding the nature of work allotted and sanctioning of the amount and the same is extracted

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hereunder:

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S.No	Name of the Block	Name of the Village Panchayat	Name of the Work		Public Contribution Lakhs	Govt. Grant Rs.in Lakhs	Total estimate Rs.in Lakhs
1	Thurinjapuram	Northamppoondi	Providing pavement in easw Kovil Street Northampoondi Panchayat (252 m)	CC aran @	5.333	10.667	16.000
			Providing pavement in easw Kovil Street Northampoondi Panchayat(415m)	CC aran @	8.767	17.533	26.300
			Providing pavement in easw Kovil Street Northampoondi Panchayat(191 m)	CC aran @	3.330	6.520	9.850

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W.P.No. 9810 of 2024

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7. I submit that as per the instructions received

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from the Director of Rural Development & Panchayat Raj in his Lr.No.41303/2021/TU3 dated 16.08.2023

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mandating adoption of e-tendering it is said and I quote the verbatim her as follows:

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“Hence, all District Collectors are requested to follow e-tendering procedure for procurement of works, supplies and services of above Rs.10 lakhs with due procedure in RD & PR Department”

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In view of the above it is made clear that the respondents have considered the plea of the petitioner and taken action to certain extent. However, it is seen from records that funds was allotted to two works for a sum of Rs. 26,30,000/- lakhs through e-tendering bulletin dated 06.02.2024 and 09.02.2024. However, a sum of Rs.9.850 Lakhs was also allotted to the same road for which they have already alloted.

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Consider the facts of the case and on a perusal of the counter affidavit filed by the first respondent, this Court is of the view that to arrive at a conclusion whether the Government funds is being swindled 5/8

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https://www.mhc.tn.gov.in/judis

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W.P.No. 9810 of 2024

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by the officials or not, the first respondent has to pass orders to the concerned officials to visit the subject road and obtain a report regarding its compliance.

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Hence, the first respondent is hereby directed to pass appropriate orders to the concerned officials to visit the subject property and file a report before this Court on 18.09.2024.

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10.With the aforesaid direction, this Writ Petition is disposed of. No order as to costs.

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Registry is directed to post this matter under the caption “ For Reporting Compliance” on 18.09.2024.

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16.07.2024

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Speaking order : Yes/No Neutral citation : Yes/No Index : Yes/No smn

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W.P.No. 9810 of 2024

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The Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Secretariat, Chennai – 600 009

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The Director, Rural Development and Panchayat Raj Department, Panagal Maaligai, Saidapet, Chennai – 600 015.

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The District Collector, Vengikal, Tiruvannamalai.

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W.P.No. 9810 of 2024

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V.BHAVANI SUBBAROYAN, J.

smn

W.P.No.9810 of 2024

16.07.2024

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K.Senthilkumar, v. State of Tamilnadu

Case brief

What is this about?

What did the court decide?

K.Senthilkumar, v. State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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