IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:19.03.2010 CORAM THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.3760 of 2004 C.Sugunadevi ... Petitioner Vs. 1.The Assistant Director, Rural Development, Erode, Erode District. 2.The District Collector, Erode, Erode District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified to call for the records of the 2nd respondent culminated in his proceedings in Na.Ka.No.34927/X2/2002 dated 27.12.2003 and set aside the same and pass such further orders. For Petitioner :Mr.V.Bharathidasan For Respondents :Mr.B.Vijay, GA ORDER The present writ petition is filed challenging the impugned order passed by the 2nd respondent, District Collector, Erode, in Na.Ka.No.34927/X2/2002 dated 27.12.2003. 2. As per the Section 167(4) of the Tamil Nadu Panchayats Act, 1994, the Local Cess collected in every Panchayat Development Block, are allocated to the concerned village funds and the same is also utilized by the Village Panchyat for the benefit of developmental work, like, construction of drainage channel and also carrying out repair works in the village. Since there was a vast extent of Blue Metal quarry available in R.S.No.667/1 in Nanjai Uthukali Village Panchayat, the respondents after collecting the Local Cess, Cess Surcharge, apart from Seigneours Fees, credited 20% of the proceeds from the amount collected as Local Cess in the petitioner's village panchayat account. Subsequent to that, the 1st respondent sanctioned https://hcservices.ecourts.gov.in/hcservices/ a sum of Rs.2,04,000/- by order dated 27.03.2003. After the receipt of the above said amount, the petitioner's panchayat passed a resolution to utilise the above said funds for various developmental works in the petitioner's village panchayat, like, construction of drainage channel and carrying out the repair works in the village, etc. After releasing the above said amount to the panchayat for the developmental activities, the 2nd respondent, by impugned order dated 27.12.2003 passed in Na.Ka.No.34927/ X2/2002, directed the 1st respondent, the Assistant Director, Rural Development, Erode District, to get back the money already allocated to the petitioner's panchayat, so that the same could be handed over to one Muthugoundanpalayam Village Panchayat, on the ground that the amount has been wrongly given to the petitioner's panchayat, since the same was meant for another village, namley, Muthugoundapalayam Village Panchayat. 3. The petitioner being the President of the Nanjai Uthukali Village Panchayat, filed the present writ petition challenging the impugned order dated 27.12.2003 on the ground that the amount sanctioned to the petitioner's panchayat in respect of various quarries comprised in Survey Nos.330, 331, 326 and 335. The only contention raised by the petitioner in the present writ petition is that, after the allocation of the amount of Rs.2,04,000/- to the petitioner's village account, the petitioner's village panchayat passed a resolution on 25.10.2003 informing the respondents that the above said amount has been sanctioned to their Panchayat for the quarries comprised in Survey Nos.667/1, to which the petitioner is legally entitled to and after the above said resolution, the petitioner's panchayat also sent a communication to the authorities concerned to reconsider the order and requesting them not to withdraw the amount sanctioned to the petitioner's panchayat. In respect of resolution passed by the petitioner's panchayat and subsequent communication sent to the concerned authorities requesting them to reconsider the order dated 27.12.2003, the 2nd respondent has passed the order, which is in total violation of principles of natural justice and on that basis, prayed for setting aside the impugned order by allowing the present writ petition. 4. Learned Government Advocate appearing for the respondents submits that the 2nd respondent has allotted a sum of Rs.2,04,000/- in favour of the petitioner's panchayat by order dated 27.03.2003 by way of Demand Draft . Immediately after coming to know that the said amount has been wrongly credited to the petitioner's panchayat account, a communication dated 12.06.2003, was immediately sent to the District Collector, stating that the amount has been wrongly sent to the petitioner's panchayat and on the basis of the said communication, the 2nd respondent also sent a letter asking the petitioner's panchayat not to use the allotted amount and return the https://hcservices.ecourts.gov.in/hcservices/ same to the 2nd respondent. In spite of the above said communication sent to the petitioner, the petitioner's panchayat has utilised the money and since the said amount is due to be paid to the Muthugoundanpalaym Village Panchyat for the reason that the quarries are situated in Survey Nos.330, 331, 326 and 335, which are falling within Muthugoundanpalaym Village Panchyat, the stand taken by the petitioner cannot be accepted and the writ petition should be dismissed. 5. No doubt, an enquiry was conducted to find out whether the quarries in S.Nos.330, 331, 326 and 335, are belonging to the petitioner's Village Panchyat or Muthugoundanpalaym Village Panchyat. In the said enquiry, the Village Administrative Officer, after proper enquiry, has submitted a report stating that the quarries lying in S.Nos.330, 331, 326 and 335, belong to Muthugoundanpalaym Village Panchyat. Therefore, the amount of Rs.2,04,000/-, which is wrongly sent to the petitioner's Village Panchyat, should have been paid to Muthugoundanpalaym Village Panchayat, since 20% of proceeds of Local Cess are legally payable to the said Panchyat. Therefore, this Court is of the considered view that the impugned order passed by the 2nd respondent cannot be found fault with. In result, the writ petition is dismissed. No Costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. rkm To 1.The Assistant Director, Rural Development, Erode, Erode District. 2.The District Collector, Erode, Erode District. + 1 CC TO Mr.V.Bharathidasan, Advocate SR 18550 + 1 cc to Govt., Pleader, SR 18688 W.P.No.3760/2004 KLT (CO) RH (5.4.10) https://hcservices.ecourts.gov.in/hcservices/