S.Swaminathan, S/O.Samiappa, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2021
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN and WMP(MD)No.4743 of 2018 S.Swaminathan ... Petitioner/Petitioner -Vs1.The District Collector, Thanjavur Disrict, Thanjavur.
2.The Superintendent of Police, Thanjavur District, Thnajavur.
3.The Revenue Divisional Officer, Kumbakonam, 4.The Tahsildar, Papanasam Taluk, 5.The Inspector of Police, Ammapettai Police Station, 6.Somu Kittachier, Head Panchayathadar.
7.Gopalsamy Kittachiyar 8.Senthil Kittachiyar 9.Rajendran Kittachiyar 10.Kanagarajan Kandapillai 11.Selvaraj Kandapillai 12.Mathiyalagan Serumadar ... Respondents/Respondents 1/4
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to take action against the respondents 6 to 12, by considering the petitioner's representation dated 01.11.2017. For Petitioner : Mr.K.Kumaravel For R1 to R5 : Mr.M.Ganesan Government Advocate (Crl.Side) For R6 & R12 : Mr.S.Krishnan
ORDER
This petition has been filed for seeking a direction to direct the respondents 1 to 5, to take action against the respondents 6 to 12, by considering the petitioner's representation dated 01.11.2017.
2.The petitioner is residing in the address mentioned in the petition. He filed this writ petition on behalf of other people, who are living in that area. After retiring from his service, he settled at his own village and doing agriculture. The dispute arose between himself and one Kaliyamoorthy with regard to the irrigation of water for his field. The dispute was taken into the respondents 6 to 12, they directed the petitioner to appear before the Katta Panchayat, which was conducted by the 6th respondent and in that panchayat, they imposed fine Rs.300/- to the petitioner. At the instigation of the respondents 6 to 12, the neighbours of the petitioner, used to throw waste food items infront of the petitioner's house. It was questioned by the petitioner.
On the date itself, the 6th respondent and his associates passed a resolution to impose fine Rs.300/- and they also threatened him. Further, regarding the dispute over the purchase of land of the petitioner's sister also, the respondent conducted Katta Panchayat. But, the sister of the petitioner and her legal heirs refused to attend the same. So, on the next day, the 10th respondent and his wife abused the petitioner in a filthy language.
12. Inspite of, the activities of the respondents 6 to 12 continued. So, he made a representation to the respondents 1 to 5 on 01.11.2017 to take proper action. But, there was no action in this regard. So, this petition is filed by the petitioner. 3.When the matter was taken up for hearing, the learned Government Advocate (Crl.Side) would submit that the representation is of the year 2017 and subsequent that, no complaint has been received by the authorities and if any new 2/4
cause of action arises, the petitioner may give fresh representation and the authorities are ready to act upon the same. 4.This Court is of the considered view that the liberty may be given to the petitioner to make a fresh representation, if any, new cause of action arises. The authorities may take action in accordance with law.
5.So, with this observation and direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note : In view of the present lock down owing to COVID19 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, Thanjavur Disrict, Thanjavur.
2.The Superintendent of Police, Thanjavur District, Thnajavur.
3.The Revenue Divisional Officer, Kumbakonam, 4.The Tahsildar, Papanasam Taluk, 3/4
5.The Inspector of Police, Ammapettai Police Station, and WMP(MD)No.4743 of 2018 17.02.2021 KM (15.03.2021) 4P 6C 4/4