Prabhakar v. The Dist.Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD) No.7929 of 2021 Prabhakar ... Petitioner Vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.Tamil Nadu Civil Supplies Corporation Limited, Represented by its Managing Director, 12, Thambusamy Road, Kilpauk, Chennai - 10.
3.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Limited, Pudukkottai Region, Pudukkottai.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents from in any manner shifting Direct Purchase Centre (DPC) for procure Paddy (Centre No.838), Kidarampatti Village, Manaviduthi Post, Pudukkottai District situated in Survey No.491, Kidarampatti Village, to any private land in Kidarampatti Village, and consequently direct the respondents to continue the purchase centre in the existing Government land by considering his representation submitted on behalf of the villagers dated 02.06.2021 and 11.06.2021 within a time as may be fixed by this Hon'ble High Court. For Petitioner : Mr.A.Mohan For Respondents : Mr.Veera Kathiravan Senior Counsel for State Government Assisted by Mr.A.K.Manickam, Standing Counsel for Government
ORDER
(Order of the Court was made by T. S. SIVAGNANAM, J.) The petitioner seeks for a direction, forbearing the respondents from in any manner shifting Direct Purchase Centre (DPC) for procure Paddy (Centre No.838), Kidarampatti Village, Manaviduthi Post, Pudukkottai District situated in Survey No.491, Kidarampatti Village, to any private land in Kidarampatti Village, and consequently direct the respondents to continue the purchase centre 1/3
in the existing Government land by considering his representation submitted on behalf of the villagers dated 02.06.2021 and 11.06.2021 within a time frame.
2.It is seen that the Direct Purchase Centre was established during March, 2020. Learned counsel for the petitioner submitted that there is a proposal to shift the Direct Purchase Centre to a private patta land.
3.Learned Senior Counsel for the Government appearing for the respondents submitted that the shifting is necessitated on account of inconvenience. The respondents have not given any written instruction to the learned Senior Counsel as to what is the inconvenience.
4.Surprisingly from April, 2021, we have got as many as three such cases, where there is allegation that the Direct Purchase Centres are in the process of shifting, closing and modification etc., We do not appreciate any such move and no such Centre should be shifted for any political reasons. In fact, we have made certain observations in the order dated 26.04.2021 in W.P.(MD) No.3683 of 2021 regarding the issue.
5.Therefore, we direct the District Collector, Pudukkottai District, Pudukkottai to ensure that no such dispute occur within his District with regard to Direct Purchase Centre. We have seen that the Direct Purchase Centre in Kidarampatti Village is functioning from March, 2020. It should be continued in the said place unless and until there is a serious problem and the public are put to inconvenience, which will include the purchases and vendors. Let a conspicuous and fair decision be taken in the matter by the District Collector, Pudukkottai District as expeditiously as possible.
6.The Writ Petition stands disposed of with the above directions. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.
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To 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Managing Director, Tamil Nadu Civil Supplies Corporation Limited, 12, Thambusamy Road, Kilpauk, Chennai - 10.
3.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Limited, Pudukkottai Region, Pudukkottai.
17.06.2021 KB(18.06.2021) 3P 4C 3/3