IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P. (PIL) No:                       of 2021 Mr.V.Thamaraiselvan S/o Mr.Vijayaraj      

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W.P. (PIL) No:                       of 2021

Mr.V.Thamaraiselvan

S/o Mr.Vijayaraj

President

Animur Panchyat,

3/44, Bommakalpalayam, Animur

Tiruchengode Taluk

Namakkal District – 637 214                                           – Petitioner

 

Vs.

  1. The Additional Chief Secretary to Government

Rural Development and Panchayat Raj Department

Chennai – 600 009

  1. The Commissioner

Rural Development and Panchayat Raj Department

Chennai – 600 015

  1. The District Collector

Namakkal District,

Namakkal

  1. The Project Director,

District Rural Development Agency

Namakkal                                                                      – Respondents

 

AFFIDAVIT OF V.THAMARAISELVAN

I  V.Thamaraiselvan S/o Mr.Vijayaraj aged about 36 years, at No: 3/44, Bommakalpalayam, Animur, Tiruchengode Taluk, Namakkal District 637 214  now temporarily come down to Chennai do hereby solemnly affirm and sincerely state as follows:

 

  1. I submit that, I am the President of Animur Village, Tiruchengode Taluk, elected in the year 2019. I am filing this writ petition as bonafide Public Interest Litigation as the elected President of Animur Village, which has not been allotted even a single rupee by the respondents under the Fund for Priority Schemes in Rural Areas. There is no personal or vested interest but purely in the interest and well being of the people of the village.  I am ready to bear all other costs that I might have to pay if directed at a later stage.   I have not filed any other writ anywhere else on the same cause of action seeking the same relief.  I am an Income Tax Assessee and my PAN No: BDOPT9631G and my Aadhar Card No:313208895495.  My source of income is from business which is about Rs.2,00,000/- (Rupees two lakhs only) per annum.

 

  1. I submit that rural development aims at improving rural people’s livelihoods in an equitable and sustainable manner, both socially and environmentally, through better access to assets (natural, physical, human, technological and social capital) and services, and control over productive capital (in its financial or economic and political forms) that enable them to improve their livelihoods on a sustainable and equitable basis.

 

  1. I submit that, the major sources of assigned/share revenues to the Rural Local Bodies are local cess, local cess surcharge, surcharge on stamp duty, entertainment tax, seigniorage fee and lease amount of mines and minerals, and sale proceeds of social forestry plantations. Since the Government observed that there is considerable delay in adjusting the various assigned/shared revenues to the Village Panchayats and Panchayat Unions and the paper work involved is disproportionate to the amounts involved.  There was considerable inequity in the distribution of what are essentially Government revenues.  In order to overcome the delays in adjusting the various assigned/shared revenues to the Village Panchayats and Panchayat Unions and reduce the disproportionate paper work involved and inequities in the distribution, the Government had vide G.O.Ms.No,168 R.D. & P.R. Dept dated 04.10.2007 ordered for the pooling of the Assigned revenues due to the rural local bodies.  The above pooling of assigned revenue has facilitated quick and easy disbursement of these revenues and is also equitable.

 

  1. I submit that, accordingly the Government of Tamil Nadu allocates the said pooled assigned revenue to the Village Panchayats and the Panchayat Union and the remaining amount will be ear marked for “Fund for the Priority Schemes in Rural Areas”. The said Funds are for the development of infrastructure in the rural areas and as stated earlier the concept of pooled assigned revenue was to ensure that the funds are allotted without any inequality without any discrimination.   As per the Policy Note 2020-2021 of the Rural Development and Panchayat Raj Department, the Government of Tamil Nadu had demarcated  a sum of Rs.1053 crore as Pooled Assigned Revenue and out of the same one third has been apportioned to the Village Panchayats and Panchayat Unions and the balance two third i.e 702 crores has been earmarked for “Fund for the Priority Schemes in Rural Areas”

 

  1. I submit that, my Village Panchayat is within Tiruchengode Taluk, Namakkal District. The said Namakkal District has one Lok Sabha Constituency Namakkal comprising of six Assembly Constituency namely  Rasipuram, Senthamangalam, Namakkal, Paramathi Velur, Tiruchengode and Komarapalayam.    Animur Village is within the Tiruchengode Assembly Constituency.    I am the elected President of the said Village since in the year 2019 as an Independent.

 

  1. I submit that, after the Policy Note 2020-2021 of the 1st respondent our village was eagerly waiting for the allotment of funds for basic amenities out of “Fund for the Priority Schemes in Rural Areas”. To the shock and surprise of the entire Namakkal District, the 3rd respondent had arbitrarily and malafidely submitted a proposal to the 1st respondent for the improvements to the roads and other infrastructure works at a total estimated cost of Rs.28,41,19,000/- (Rupees twenty eight crores forty one lakhs nineteen thousand only), wherein more than lion’s share has been allotted to one particular Assembly Constituency Kumarapalayam.  Out of the 28,41,19,000/-, a sum of Rs.20,61,20,000/- has been allotted only to one constituency, and a sum of Rs. 30,60,000/- to Paramthur Constituency and a sum of Rs.3,00,00,000/-   Sendamngalam constituency leaving out other three constituency without allocating any funds.

 

  1. I submit that, the Collector completely ignoring the other three constituency by not even allotting a single penny, had tabled the said proposal before the 1st respondent and the 1st respondent also completely overlooking the arbitrariness of the said proposal had accorded approval under the Scheme Component of Pooled Assigned Revenue 2020-21.

 

  1. I submit that, based on the said approval granted by the 1st respondent, the 2nd respondent had by way of proceedings dated 01.2021 in Proc.Roc.No.54767/2020/TUS had accorded sanction to execute works for a sum of Rs.23,91,80,000/- as per the said proceedings as per Government Orders.

 

  1. I submit that, sanctioning of twenty crores to one particular constituency, Kumarapalayam, from where a sitting Minister is being elected, is nothing but arbitrary and is colourable exercise of legislation. The said proceedings are being initiated and to be implemented purely based on vested interest and not on the basis for which the pooling of the Assigned revenues was created by the Government.

 

  1. I submit that, based on the proceedings of the 2nd respondent, the 3rd respondent is taking all hectic steps to issue tenders to prospective persons to implement the works mentioned therein. If the same is done, third party rights and interest will also come into play which will lead to multiplicity of proceedings. The said proceedings of the 2nd respondent is arbitrary, illegal, biased, on vested interest, malafide and without any valid legal basis hence this writ petition on the following amongst other grounds

GROUNDS

  1. THAT the proceedings of the 2nd respondent dated –.01.2021 in Proc.Roc.No.54767/2020/TUS is arbitrary, illegal and based on vested interest.
  2. THAT the 3rd respondent without considering the purpose of the pooled assigned revenue and “Fund for the Priority Schemes in Rural Areas” had arbitrarily tabled the proposal giving preference only to one Assembly Constituency and completely ignoring 3 constituencies.

iii.      THAT the 1st respondent who is the authority to sanction the said proposal, without proper scrutiny in a mechanical manner had approved the said proposal.

  1. THAT the said proceedings of the 2nd respondent is completely favoring one Constituency, Kumarapalayam, and allotting more than lion’s share is totally against improving rural people’s livelihoods in an equitable and sustainable manner.
  2. THAT there is absolutely no equity in allotting the funds for rural development and is nothing but abuse of process of law.
  3. THAT the powers exercised by the respondents is nothing but colourable exercise of legislation.

vii.     THAT the respondents had acted malafidely for reasons best known to them without considering the fact that the said funds are to be equally apportioned for the welfare of the people.

viii.    THAT the proceeding of the 2nd respondent is against the basic concept of the welfare scheme.

  1. THAT the act of the respondents in completely ignoring three assembly constituencies completely is nothing but complete dereliction of duties.
  2. THAT the proposal of the 3rd respondent, the approval of the 1st respondent and the proceedings of the 2nd respondent are illegal and is liable to be set aside.
  3. THAT the said proceeding is against the basic concept of
    Welfare State.

 

  1. I submit and pray that this Honourable court may be pleased to permit me to raise additional grounds in future if need warrants.

 

  1. I submit that, the original proceedings of the 2nd respondent dated –.01.2021 in Proc.Roc.No.54767/2020/TUS is not available with me and unless this Honourable court dispenses with the production of the original and permit me to file photo copy of the same great hardship will be caused.

 

It is therefore prayed that this Honorable court may be pleased to dispense with the production of the original proceedings of the 2nd respondent dated –.01.2021 in Proc.Roc.No.54767/2020/TUS and permit the petitioner to file the photocopy of the same and thus render justice.

 

It is therefore prayed that this Honourable court may be pleased to stay the proceedings of the 2nd respondent dated –.01.2021 in Proc.Roc.No.54767/2020/TUS and all further proceedings arising out of the same till the disposal of the writ petition an thus render justice.

 

For the reasons stated it is respectfully prayed that this Honourable court may be pleased to issue a Writ of Certiorari calling for the records on the file of the 2nd respondent in Proc.Roc.No.54767/2020/TUS dated –.01.2021 and quash the same  and thus render justice.

 

Solemnly affirmed and sincerely

stated at Chennai this the 09th

day of February ,2021

Before – me

 

Advocate – Chennai

 

 

 

 

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