V.Ponnusamy, v. The Chief Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.18404 of 2018 V.Ponnusamy ... Petitioner -vs1.The Chief Secretary, 2.The Secretary, Panchayat Raj and Rural Development, 3.The Secretary, Adi Dravidar Welfare Department, 4.The District Collector, Office of the District Collector, Tirunelveli District.
5.The Tashildar, Office of the Tashildar, Sivagiri Taluk, Tirunelveli District.
6.The Block Development Officer, Office of the Block Development Officer, Vasudevanallur Union, Tirunelveli District.
7.The Special Officer, Nelkattum Seval Village Panchayat, Sivagiri Taluk, Vasudevanallur Union, Tirunelveli District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to appoint an IAS Officer as a special officer to take necessary action to provide basic facilities including drinking water, street light and also to maintain healthy environment in the streets of people belongs to Scheduled Caste community in Paraipatti Village,
Tirunelveli without any discrimination on the basis of caste. For Petitioner :
Mr.S.Malaikani For Respondents: Mr.A.K.Baskara Pandian 1 to 5 & 7 Special Government Pleader For 6th Respondent :
Mr.S.Dhayalan
O R D E R
(Order of the Court was made by M.M.SUNDRESH, J.) This Writ Petition has been filed seeking a Writ of Mandamus, directing the 1st respondent to appoint an IAS Officer as a Special Officer to take necessary action to provide basic facilities including drinking water, street light and also to maintain healthy environment in the streets of people belongs to Scheduled Caste community in Paraipatti Village, Tirunelveli without any discrimination on the basis of caste.
2.When the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 5 and 7 on instructions submitted that this is the third writ petition filed for the same relief. On the second writ petition filed earlier, an order was passed to convert it into contempt petition as the averments are to the effect that the order passed in the first writ petition was not complied with. Even before this Court, very same plea is taken. 3.Heard the learned counsel for the petitioner on the said submissions.
4.Since, it is the third writ petition filed for the same relief, we are not inclined to allow the writ petition, particularly when the second writ petition filed was converted into a contempt petition. Hence, this Writ Petition is closed. All the issues raised herein are left open to be decided in the contempt petition. No costs. Sd/- Assistant Registrar(WRITS) /True Copy/ Sub Assistant Registrar(CS IV) sj To 1.The Chief Secretary,
2.The Secretary, Panchayat Raj and Rural Development, 3.The Secretary, Adi Dravidar Welfare Department, 4.The District Collector, Office of the District Collector, Tirunelveli District.
5.The Tashildar, Office of the Tashildar, Sivagiri Taluk, Tirunelveli District.
6.The Block Development Officer, Office of the Block Development Officer, Vasudevanallur Union, Tirunelveli District.
7.The Special Officer, Nelkattum Seval Village Panchayat, Sivagiri Taluk, Vasudevanallur Union, Tirunelveli District.
1CC TO THE SPL GOVT PLEADER SR 80780 DS SV SAR 4 24 9 2018 3P 9C W.P.(MD) No.18404 of 2018 28.08.2018