Sumathi v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.10247 of 2021 Sumathi ... Petitioner Vs

1. The District Collector, Pudukottai District,

2. The Zonal Manager, Tamil Nadu Civil Supply Corporation Ltd., ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the respondents to reopen the Direct Purchase Centre (DPC) No.313, at Survey No.17-12, Rankiyanviduthi, Karambakudi Union, Pudukottai District based on the petitioner's representation dated 03.06.2021. For Petitioner : Mr.M.Ramu For respondents : Mr.Veera Kathiravan, Senior Government Counsel

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.M.Ramu, learned counsel appearing for the petitioner and Mr.Veera Kathiravan, learned Senior Government Counsel appearing for the respondents.

2. The writ petitioner who is the President of a Village Panchayat, insisting that the Direct Purchase Centre (DPC) No.313 should be located in a particular place and she wants the District Administration to abide her conmmand. Similarly, Tmt.Mala Rajendran, who is the President of Karambakudi Panchayat Union, wants the Direct Purchase Centre (DPC) No.313, to be located in the place which she mentions.

3. It is rather surprising as to how the Village Panchayat President and the Town Panchayat President can dictate them, after all they have been elected to serve the people and the people cannot be made as their slaves for they voted them to power. This Court

will not hesitate to close the Direct Purchase Centre (DPC) No.313, but it does not wants to do so, because public will be affected and the traders will be affected. The present litigation itself is on account of personal ego of Sumathi Muthukumar, therefore, we are not entertaining the same.

4. The learned Senior Government Counsel appearing for the respondents-authorities has produced before us the written instruction given by the Regional Manager, Tamil Nadu Civil Supplies Corporation, Pudukottai Region, dated 19.06.2021, wherein, it is stated that because of the infighting between the petitioner and Tmt.Mala Rajendran, a committee has to be constituted by the District Collector; the matter has to be examined and due to the dispute between the parties, the purchase centre has been now temporarily shifted to the Government poramboke land opposite to the Mariamman Kovil.

5. In the light of the same, we are not inclined to issue any direction in the writ petition and we cannot treat this as a public interest litigation. Let the observations made by this Court be brought to the notice of the District Collector, Pudukottai District.

6. For the above reasons, the Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The District Collector, Pudukottai District,

2. The Zonal Manager, Tamil Nadu Civil Supply Corporation Ltd., +1 CC to M/s.SPL GP ( SR-19943[F] dated 22/06/2021 ) W.P.(MD) No.10247 of 2021 21.06.2021 KK(29.06.2021) 3P 4C