Full order of THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.8649 of 2015 and M.P.Nos.1 & 2 of 2015. –For Petitioner : Mr.M.K.Bhoopathy For Respondents : Mr.C.Kathiravan Government Advocate [For R1 to R7] Mr.R.Ravichandran [For R8]
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.8649 of 2015
and
M.P.Nos.1 & 2 of 2015
P.Sankar …Petitioner
Vs
1.State rep by,
The Secretary to Home Department,
Fort St.George, Chennai – 600 009.
2.Commissioner of Revenue Administration,
Ezhilagam, 3rd Floor, Chepauk,
Chennai – 600 005.
3.Principal Secretary to Government,
Rural Development and Panchayat Raj Department,
Fort St.George, Chennai – 600 009.
4.Commissioner of Rural Development and
Panchayat Raj,
Directorate of Rural Development & Panchayat
Raj Department, Panagal Buildings,
Chennai – 600 015.
5.Additional Director of Rural Development and
Panchayat Raj,
Directorate of Rural Development & Panchayat
Raj Department, Panagal Buildings,
Chennai – 600 015.
6.The District Collector cum Panchayat Inspector,
Namakkal District.
7.The Assistant Director of Panchayat,
District Collector Office,
Namakkal District.
8.The Panchayat President,
Kabilakurichi Village Panchayat,
Kabilarmalai Post,
Namakkal District – 637 204. … Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing to the respondents 1 and 2 to consider petitioner’s compensation representation dated 14.11.2014 for Rs.10 Lakhs for mental agony and negligence in duty of the respondents 6 to 8 within stipulated period.
For Petitioner : Mr.M.K.Bhoopathy
For Respondents : Mr.C.Kathiravan
Government Advocate
[For R1 to R7]
Mr.R.Ravichandran
[For R8]
O R D E R
The relief sought for in the present writ petition is for a direction to direct the Respondents 1 and 2 to consider petitioner’s compensation representation dated 14.11.2014 for Rs.10 Lakhs for mental agony and negligence in duty of the respondents 6 to 8.
2. The petitioner states that he is doing transport business. He worked in the Panchayat Board election against the Village Panchayat Board President Mrs.Kalarani as opposite party worker. After the Panchayat Board election, Panchayat President, 8th respondent and ward members involved in land grabbing and swindled public money by creating forged bills in Kabilakurichi Village Panchayat. The petitioner states that ward members encroached Government Poromboke Land and Village Cart-Road by using their Political and Muscle power. The petitioner questioned the same and informed to the village people regarding the illegal activities against the public interest. The petitioner states that he submitted an application to the Block Development Officer, Paramathi Vellore on 29.08.2012 and requested to conduct an enquiry as the water connection provided to the residence of the petitioner was disconnected. Disconnection was effected under the wrong notion that the water is being tapped by the petitioner straightaway from the main line by using the electric motor.
3. The Block Development Officer passed an order to the 8th respondent on 10.09.2012 to restore the water connection supply to the petitioner’s premises. The petitioner states that he sent several representations and the entire incidences caused mental agony and therefore, compensation is to be granted.
4. Perusal of the affidavit would reveal that there are political rivalry between the groups and the petitioner has raised several allegations of land grabbing etc., against the elected ward members and the President. The water connection in the premises of the petitioner was disconnected on the ground that the petitioner tapped the water from the main line by fixing electric motor.
5. This Court is of the considered opinion that all these illegalities committed either by the petitioner or by the elected body members are to be enquired into by the District Collector and appropriate actions are to be taken.
6. The learned Government Advocate appearing on behalf of the respondents made a submission that the water connection in the premises of the petitioner has already been restored. No doubt, the water connection is restored, but the allegation against the petitioner is also serious as the consumer cannot tap the water from the main line by using the motor pumps. If such extraction is permitted, then the water supply to the other residences will get affected and will create serious consequences. Illegal tapping of water, at no circumstances, be permitted by the authorities. It is an offence against the society at large. Water is life. Equal distribution of water to the residences of that locality is important and anybody illegally tapping the water from the main line is to be dealt with in accordance with law and no leniency can be shown and a case is to be registered in this regard, if it is identified.
7. Elected members involving in land grabbing activities are to be viewed seriously. The petitioner raised an allegation that the elected members of the Panchayat, grabbed the Government Poromboke land. Whenever such allegations are brought to the notice of the authorities, an enquiry without delay is imminent and the offenders are to be prosecuted without any delay. The encroachers must be evicted under the provisions of the Statutes.
8. Infact, all Elected members from various institutions are provided with an opportunity by the people and for the people to serve for the development and to the betterment of the public at large. When the elected persons are holding the power under the Constitution and the Statutes, they are bound to maintain utmost integrity and honesty and devotion to their duties.
9. However, in the present case, the petitioner has raised an allegation. The grievance of the petitioner is that such allegations are not even enquired into by the competent authorities. This Court is of the considered opinion that elected persons involving in land grabbing activities are far more serious than that of the land grabbers, who all are ordinary citizen. Thus, such land grabbers, who have got political affinity, must be prosecuted without any leniency.
10. The power conferred on executives, elected persons and other authorities is a Sword. Such persons are expected to be mindful, dutiful and act with utmost responsibility with accountability. In the event of indulging in any such illegal activities or the heinous offences like grabbing of Government land, the said allegations committed by elected persons and the executives and the authorities are to be construed as against the society at large and they must be prosecuted mercilessly. The power conferred on such authorities are provided by the people. When such powers are abused or misused, then they are acting against the will of the people and therefore, actions must be initiated without any lapse of time.
11. Persons are elected, when people trust such persons. Thus, the trust and the expectation of the people are to be respected at all circumstances. Unfortunately, large scale allegations of land grabbing by the members of the Political parties or the persons in power are being traced out not only by the authorities, but the people of that locality. However, an ordinary citizen is unable to raise objections against such politically influenced people or the members of the political parties. Out of fear, many such instances are not brought to the notice of the Government. In these circumstances, even informations through anonymous letters are to be enquired into by the Government in order to cull out the truth. The mindset of ordinary citizen is to be considered in such circumstances. When the allegations of heinous offences including land grabbing is brought to the knowledge of the Government, the District Collectors in this regard is expected to play a serious role as they will be having first hand information from the local people. Contrarily, few officials from the Police Department or Revenue Department or other Departments are actively or passively in collusion with such land grabbers, who belongs to Political parties, are involving in anti-social activities.
12. The Majesty of the Uniformed Services (Police Department) at all circumstances, is to be maintained without any compromise. The discipline in the Police Department is slowly deteriorating, which is not only visible, but being experienced by the public at large. Thus, restoration of work discipline and rationalism of work allotment are of paramount importance to improve the efficiency level in such Uniformed Services. Misplaced sympathy or leniency can never be an accepted character of uniformed personnel.
13. Our great Nation undoubtedly is marching towards the vibrant democracy. Citizen are started understanding the importance and value of their rights. Thus, dedicated services by the elected persons would be of greater assistance for the development of our great Nation and to achieve the Constitutional goal of vibrant democracy.
14. At the time of election, promises and undertakings are provided to the people by political parties. Thus, they are duty bound to ensure that such promises are fulfilled and the sentiments of the people are respected. Therefore, elected persons involving in the illegal activities of land grabbing in rural and urban areas, such criminal offences are to be dealt with sternly. Such land grabbing is not only dangerous, but a threat to the democracy itself. This exactly is the reason why, the Constitutional Courts have repeatedly insisting that the candidates having serious criminal background, may not be allowed to contest in elections.
15. No doubt, allegations and counter allegations are made in the present case. The petitioner states that the Government lands are grabbed by the elected members. However, this Court without expressing any opinion on such allegations, directing the authorities to conduct enquiry into such allegations both against the petitioner as well as against the persons, against whom, the complaints are given by the petitioners and other persons. On such informations and complaints are to be investigated and if a prima facie case is identified, then appropriate actions are to be initiated, irrespective of the fact, whether such persons belonged to political parties or otherwise. This being the constitutional duty of the executives, holding the power and if any violation on their part, must be viewed seriously.
16. Regarding the relief of compensation as such sought for by the petitioner, he himself was subjected to the allegations of tapping of drinking water from the main line in an illegal manner through electric motor. Thus, the petitioner is not entitled for any compensation. Seeking such a prayer of compensation in a writ proceedings in this case is made with an idea to create a fear in the mind of the authorities and such an attitude of the petitioner cannot be appreciated, but to be depreciated. The basis for grant of compensation itself is not substantiated.
17. In view of the facts and circumstances, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
21.09.2021
Speaking order
Index : Yes
kak
To
1.The Secretary to Home Department,
Fort St.George, Chennai – 600 009.
2.Commissioner of Revenue Administration,
Ezhilagam, 3rd Floor, Chepauk,
Chennai – 600 005.
3.Principal Secretary to Government,
Rural Development and Panchayat Raj Department,
Fort St.George, Chennai – 600 009.
4.Commissioner of Rural Development and
Panchayat Raj,
Directorate of Rural Development & Panchayat
Raj Department, Panagal Buildings,
Chennai – 600 015.
5.Additional Director of Rural Development and
Panchayat Raj,
Directorate of Rural Development & Panchayat
Raj Department, Panagal Buildings,
Chennai – 600 015.
6.The District Collector cum Panchayat Inspector,
Namakkal District.
7.The Assistant Director of Panchayat,
District Collector Office,
Namakkal District.
8.The Panchayat President,
Kabilakurichi Village Panchayat,
Kabilarmalai Post,
Namakkal District – 637 204.
S.M.SUBRAMANIAM, J.
kak
W.P.No.8649 of 2015
21.09.2021
