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2014 DIGILAW 116 (MAD)

K. Bharathi v. District Collector, Erode District

2014-01-20

M.VENUGOPAL

body2014
JUDGMENT 1. The Petitioner has focussed the instant Writ of Mandamus praying for issuance of an order by this Court in directing the 1st Respondent to pass an appropriate order on the basis of his representation dated 05.11.2012. 2. According to the Petitioner, his residence area called as 'Madurai Veeran Colony' and there are 300 families residing there from the time immemorial. The Government of Tamil Nadu had issued house pattas to the aforesaid families during the year 1994. Now the vacant lands were also allotted for community hall, common purposes in Survey No.549 in P.Mettupalayam Village, Gobichettypalayam, Erode District. Due to lack of basic amenities such as road, drinking water, electricity and latrine, the Petitioner and others suffered a lot. Also that, during rainy season water gets stagnated in many places and the drainage was not properly put up, leading to the breeding of mosquitoes and erection of diseases to the residents. 3. According to the Petitioner, a common latrine was constructed in their patta land for the people of Madurai Veeran Colony by the 5th Respondent/President, P.Mettupalayam Panchayat, Gobichettypalayam Taluk, Erode District. After constructing the common latrine, the Madurai Veeran Colony People were not allowed to use the same by the caste Hindus and they occupied the latrine and used by them only. The 5th Respondent/President, P.Mettupalayam Panchayat, Gobichettypalayam Taluk, Erode District passed a resolution to construct a common latrine in Ward No.8, where the caste Hindus reside, for caste Hindus. On 26.10.2012, the youths of caste Hindus came to the Madurai Veeran Colony with pockline machine and demolished the latrine completely which was situated at Ward No.5, where the dalit people reside. When the Petitioner's villagers questioned the action, they replied that they demolished the old latrine for constructing a new latrine in that same place for their own purpose. "When the Petitioner and others opposed the said illegal acts of the caste Hindus, one Prakash, who is the husband of the Petitioner's Panchayat President and his associates Balu and Kumar abused the Petitioner and others by using unparliamentary words and using their caste name with bad taste and threatened them with dire consequences etc." 4. Under these situations, the 5th Respondent started to construct a new latrine for the caste Hindus. When the Petitioner and others resisted, they were threatened that they would destroy their huts by setting fire to them. Under these situations, the 5th Respondent started to construct a new latrine for the caste Hindus. When the Petitioner and others resisted, they were threatened that they would destroy their huts by setting fire to them. Immediately they sent a representation dated 05.11.2012 to the 1st Respondent/District Collector, Erode on the Grievance Day and made a request to stop the illegal construction in the area, which was allotted by the Government of Tamil Nadu for the use of only dalit people. However, it appears that no action was taken till date. 5. In view of the fact that the prayer of the Petitioner is only limited in nature to the effect that this Court may pass an order of issuing direction to the 1st Respondent to pass an appropriate order on the basis of his representation dated 05.11.2012, this Court, without expressing any opinion on the merits and demerits of the matter in issue, on the basis of Fair Play, Equity, Good Conscience and even as a matter of Prudence, directs the 1st Respondent/District Collector, Erode to consider the representation of the Petitioner dated 05.11.2012 in a fairly just and dispassionate manner, within a period of four weeks from the date of receipt of copy of this order (of course after providing necessary/adequate opportunities to the Petitioner by adhering to the Principles of Natural Justice). It is also open to the Petitioner to submit a fresh copy of the representation dated 05.11.2012 to the 1st Respondent within a period of one week from the date of receipt of copy of this order. 6. With the aforesaid direction, the Writ Petition is disposed of. No costs.