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2008 DIGILAW 3295 (MAD)

Nemili Panchayat Union, Rep. by its Chairman v. The District Collector & Another

2008-09-08

M.JAICHANDREN

body2008
Judgment :- Heard the learned counsel appearing for the petitioner and the learned counsel appearing on behalf of the respondents. 2. This writ petition has been filed by the petitioner Panchayat Union, praying for a writ of mandamus to implement the Resolution No.455, dated 21. 2001, passed by the Nemili Panchayat Union Council, Vellore district, for repairs and renovations of 23 Panchayat Union Elementary Schools, which are located within the jurisdiction of the petitioner Panchayat Union. 3. It has been stated that there are about 22 Panchayat Union Elementary Schools, within the jurisdiction of the Panchayat Union, which require immediate renovation and repairs. The petitioner Panchayat Union has Rs.6,76,938/-set apart, as on 31.01.2001, for Educational Schemes. The Additional Union Engineer, Nemili Panchayat Union, had submitted an estimate of Rs.6,06,000/-, for carrying out the renovations and repairs in the said schools. Based on the estimate submitted by the Additional Union Engineer, on 22.01.2001, a proposal had been placed before the Nemili Panchayat Union Council. By the resolution No.455, dated 22.01.2001, the Panchayat Union Council had approved the estimate for renovation and repairs of the 23 Panchayat Union Elementary Schools. Thereafter, the resolution had been forwarded to the second respondent for further action. However, the second respondent had not taken any steps to implement the said resolution in spite of several representations sent on behalf of the petitioner Panchayat Union. In such circumstances, this writ petition has been filed by the petitioner Panchayat Union, under Article 226 of the Constitution of India. 4. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondent had placed before this Court, the expenditure details for the repair works carried out in the 23 schools from the education fund allotted for the said purpose. The repair works had been done pursuant to the resolution of the Nemili Panchayat Union Council in Resolution No.455, dated 22.01.2001. Even though the Pallur Panchayat Union Middle School did not form part of the Nemili Panchayat Union Council Resolution No.455, dated 22.01.2001, necessary follow up action had been taken by the Nemili Panchayat Union, Nemili, Vellore District, the second respondent herein, under the orders issued by the District Collector, Vellore District, in his proceedings No.Rc.PE2/1552/05, dated 4. 2005. In fact the District Elementary Educational Officer, Vellore, had sent a proposal in Rc.No.4554/B4/2004, dated 21. 2005. In fact the District Elementary Educational Officer, Vellore, had sent a proposal in Rc.No.4554/B4/2004, dated 21. 2005, seeking administrative sanction to demolish the damaged school buildings. The concerned school buildings were inspected by the Executive Engineer (RD), District Rural Development Agency, Vellore. Based on his inspection remarks, administrative sanction has been accorded for demolishing 79 school buildings which were in decrepit condition needing extensive repairs. Therefore, the learned counsel for the respondents had submitted that no further orders are required to be passed in the present writ petition. 5. The learned counsel appearing on behalf of the petitioner had not refuted the submissions made by the learned counsel appearing on behalf of the respondents. 6. In such circumstances, no further orders are required to be passed in the present writ petition. Hence, the writ petition stands closed. No costs.