Madras High CourtWP(MD)/13843/2020disposed of

S. Madhavan v. The District Collector,

2020-10-07Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2020

CORAM:

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE W.P.(MD )No.13843 of S.Madhavan ... Petitioner Vs.

1) The District Collector, Collectorate, Karur 639 007

2) The Block Development Officer, Karur Panchayat Union, Vennaimalai and Post 639 006 Karur District.

3) The President, Punjai Kadambankurichi Panchayat, Punjai Kadambankurichi - 639 113 Karur District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to complete the work in his land under MGNREGS Scheme which is stopped abruptly without any reason whatsoever within the stipulated time schedule or any other order of direction on the representations dated 27.07.2020 and 10.09.2020. For Petitioner : Mr.V.Nagarajan For R-1 : Mr.A.Karthik Government Advocate.

O R D E R

This writ petition has been filed seeking for a direction to the respondents to complete the work in the petitioner's land under MGNREGS Scheme, which according to the petitioner has been stopped abruptly, without any reason whatsoever.

2. Heard Mr.V.Nagarajan, learned counsel appearing for the petitioner and Mr.A.Karthik, learned Government Advocate appearing for the first respondent.

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3. Since the work under MGNREGS Scheme was stopped abruptly, the petitioner gave representations on 27.07.2020 and 10.09.2020 to the respondents calling upon them to complete the work in his land under the MGNREGS Scheme.

4. According to the petitioner, he is a social activist and a member of Global Social Welfare Protection Movement and Tamil Nadu Consumer Organization. According to him as a Social activist, he filed W.P.(MD) No.7546 of 2020 before this Court, to prevent illegal sand quarrying and mining and transporting the same to the neighbouring states by unscrupulous elements.

5. According to the learned counsel for the petitioner, as a counterblast to the writ petition, the respondents have now abruptly stopped working in his land under the MGNREGS Scheme. As seen from the documents filed along with this writ petition, the reason for the stoppage of the work in the petitioner's lands under MGNREGS Scheme is not available. In such circumstances, it would be better if a direction is given to the first and second respondents to consider the representations dated 27.07.2020 and 10.09.2020 given by the petitioner, requesting the respondents to complete the work in his land under the MGNREGS Scheme within a stipulated time schedule.

6. It is the further contention of the learned counsel for the petitioner that, excepting for the petitioner's land, the first and second respondents are continuing with the work under the MGNREGS Scheme in respect of other neighbouring lands. Therefore, he submitted that there is discrimination between the petitioner's lands and the neighbouring lands only due to the fact that the petitioner has filed a writ petition before this Court to prevent illegal sand mining in his area.

7. In the interest of justice and to clear air, this Court deems it fit to grant the relief sought for in this writ petition. Accordingly, this Court directs the first and second respondents to consider the representations, dated 27.07.2020 and 10.09.2020 given by the petitioner and pass final orders on merits and in accordance with law and give sufficient reasons for abruptly stopping with the work, which was done earlier by the respondents in the petitioner's land under MGNREGS Scheme, within a period of four weeks from the date of receipt of a copy of this order.

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8. With the aforesaid directions, this Writ Petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(AE) // True Copy // / /2020 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.

To:

1) The District Collector, Collectorate, Karur 639 007

2) The Block Development Officer, Karur Panchayat Union, Vennaimalai and Post 639 006 Karur District.

+1 CC to M/s.V. NAGARAJAN, Advocate SR-19355[F] dated 07/10/2020 +1 CC to M/s.GP ( SR-19446[F] dated 08/10/2020 ) Order made in W.P.(MD)No.13843 of 2020 SRK(CO) TR(08.10.2020) 3P 5C 3/3