C. Chellam, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.Chellam .. Petitioner v.
1.State of Tamil Nadu, Rep. by the Director, Rural Development Agency and Panchayat, 5th Floor, Panagal Maligai, Saidapet, Chennai - 15.
2.The District Collector, Collectorate, Tirunelveli.
3.The Project Officer, District Rural Development Agency (DRDA), Collectorate Campus, Tirunelveli.
4.M.Vinayaga Subramaniyan 5.A.Asan Ibrahim .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent 1/5
to take necessary action as against the respondents 4 & 5 as per Section 4 of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.
For Petitioner : Mr.Vasanth for Mr.S.Rajasekar For Respondents : Mr.P.T.Thiraviam, Government Advocate for R.1, R.2 No appearance for R.3 Mr.I.Robert Chandrakumar for R.4 Mr.R.J.Karthick for R.5 *****
ORDER
The petitioner is a Contractor, awarded with a contract work of laying cement road, Sevalaperi Pottal Ammal Kovil Area, Palayamkottai, Tirunelveli. However, the petitioner has not completed the work in time. Therefore, a notice was issued by the Block Development Officer on 22.09.2014. In the meantime, the petitioner has lodged a complaint as against the Block Development Officer.
2/5
2.An enquiry has been conducted and a report dated 14.11.2014 was also filed stating that the allegations made as against the Block Development Officer were found to be false. The petitioner has also made another complaint before the District Collector on 05.10.2015. The District Collector, Tirunelveli, has issued summons to the petitioner on 14.10.2015. Another complaint was also lodged by the petitioner before the District Collector, Kanyakumari, based on which, summons was issued to the petitioner on 18.11.2015. While so, the petitioner has filed this writ petition on 11.01.2016 for a Mandamus directing the official respondents to take action as against the respondents 4 & 5 as per Section 4 of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989. 3.
Learned Government Advocate, on instructions, submitted that on the complaint made by the petitioner, enquiry was conducted and the complaint was closed. However, the petitioner has filed this writ petition by suppressing the enquiry conducted by the District Collectors of Kanyakumari and Tirunelveli, on the complaint made by him.
4.In view of the submissions made by the learned Government Advocate that on the complaint of the petitioner, enquiry was already conducted and the complaint was closed and since the petitioner has filed this writ petition by suppressing these facts, this writ petition is closed as no order is required to be passed. No costs.
Index :
Yes / No 18.10.2023 NCC :
Yes / No Internet :
Yes gk To 1.The Director, State of Tamil Nadu, Rural Development Agency and Panchayat, 5th Floor, Panagal Maligai, Saidapet, Chennai - 15.
2.The District Collector, Collectorate, Tirunelveli.
3.The Project Officer, District Rural Development Agency (DRDA), Collectorate Campus, Tirunelveli.
4/5
B.PUGALENDHI, J.
gk 18.10.2023 5/5