The Madras High Court has dismissed a petition filed by a ward member of Kazhukerkadai village in Sivaganga district, imposing a cost of Rs 20,000 for making unverified allegations of fund misappropriation against the panchayat president. The court found that the complaint was filed without proper verification and in an irresponsible manner.
Background of the Case
The petition was filed by P Mohamed Sherif, a ward member, who alleged that Rs 95,550 allotted for the construction of a food grains godown in Kazhukerkadai village was misappropriated by the panchayat president. He claimed that the work was not executed despite the funds being allocated. The petitioner stated that he had lodged a complaint with the Directorate of Vigilance and Anti-Corruption (DVAC), but no action was taken, prompting him to approach the court.
State's Submission
The state government submitted that the amount of Rs 95,550, allotted for the godown construction, was directly transferred to beneficiaries under the MGNREGA scheme in July 2023. The funds were intended for preliminary work such as cleaning the proposed area and digging the basement. However, an objection was raised by the petitioner to the district collector, stating that the proposed site was classified as a road in revenue records. The Block Development Officer (BDO) visited the site and confirmed this classification, recommending that the work not proceed. Consequently, the allotted amount was remitted back to the BDO in December 2023.
Court's Observations
Justice B Pugalendhi noted that the amount had already been remitted back to the BDO in December 2023. The petitioner, however, lodged a complaint with the DVAC in October 2024 without verifying whether the funds had been returned. The judge observed that the petitioner was projecting the case as if the panchayat president had misappropriated the funds without executing the work.
Dismissal and Cost Imposed
Taking into account the irresponsible nature of the complaint, the judge dismissed the petition and imposed a cost of Rs 20,000 on the petitioner. The court directed that Rs 10,000 be paid to the panchayat president and Rs 10,000 to the Sivaganga district DVAC officials. The amounts paid shall be utilized for the welfare activities of the respective departments.
This ruling underscores the importance of verifying facts before filing complaints and serves as a deterrent against frivolous litigation.
