ELIPE DHARMA RAO, J. - (1.) THIS probono publico has been filed praying to quash the order passed by the first respondent, dated 12.5.2008.
(2.) ON a perusal of the entire materials placed on record, it is seen that the first respondent/District Collector has granted sanction for certain works to be performed under the Constituency Develop -ment Scheme of the MLA, Ilayangudi for the year 2008 -2009. It is seen that the total value of the 12 works sanctioned is Rs. 76.46 lakhs. The petitioner, who posed himself as an Ex -councillor of Karaikulam Panchayat of the third respondent unit and that he got 'some interest' in the welfare of the public has filed this writ petition.
(3.) AS could be seen from the sanction order of the first respondent/District Collector, dated 12.5.2008, the value of 'laying of tar road between Namen junction to Mudaveli, Thadiyamangalam Panchayat' has been estimated at Rs.10 lakhs. Condition No.1 of the said sanction order clearly states that the procedure for tender should be strictly followed and it is directed that after receiving the administrative sanction, the respective Executive Authorities/Village Presidents have to follow the procedure for calling for tenders. As could be seen from the detailed counter -affidavit filed by the first respondent District Collector, since the mandatory requirement of publication in two dailies has not been followed by the concerned, as the value of the work is Rs. 10 lakhs, the District Collector has passed an order cancelling the technical sanction issued in respect of the 'laying of tar road between Namen Junction to Mudaveli, Thadiyamangalam Panchayat'. In his counter -affidavit, the District Collector has app -rehended that the petitioner may be a tool in the hands of one Mr. Tamilarasan, contractor, whose contract work was cancelled by the order dated 3.7.2008. It is also brought to the notice of this Court that subsequently, the tender has been published in the District Gazette of Sivagangai on 26.6.2008, following the mandatory rules and conditions. It is also seen that after publication of the said tender in the gazette, the MLA, Ilayangudi, by his letter dated 1.7.2008 has stated that the road work is being undertaken covering the area of Thadiyamangalam Panchayat under NABARD Scheme at a cost of Rs. 90 lakhs and hence, it is not necessary to divert the funds of MLA constituency development scheme unnecessarily for this work. There is no doubt that the MLA has got prerogative to select between the works from out of funds of his constituency development scheme.;