Disposed

JOthi.Senthamizharaja, Advocate v. The National Commission for scheduled castes

Madras HC10 Apr 2019WP/7901/2019

Case brief

AI extract

What is this about?

The High Court ordered the District Collector to grant administrative sanction and disburse funds within two weeks for road construction in Vadakiruppu Colony. The Court further directed the Block Development Officer to issue a tender under the Tender Transparency Act, 1998.

What did the court decide?

The District Collector to grant administrative sanction and disbursement of funds within two weeks; the Block Development Officer to issue a tender and finalise it in accordance with the Tender Transp

JOthi.Senthamizharaja, Advocate Vs The National Commission… — Land Acquisition | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.04.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR and

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THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD

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W.P.No.7901 of 2019

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Jothi.Senthamizhraja .. Petitioner

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Vs.
1.The National Commission for Scheduled Castes
"Shastri Bhavan"
Block No.V, II Floor,
No.26, Haddows Road,
Nungambakkam,
Chennai - 600 006.
2.The District Collector,
Cuddalore District,
Cuddalore - 607 001.
3.The District Project Officer,
Kammapuram Union,
Cuddalore.
4.The Revenue Divisional Officer,
Block Development Officer,
Virudhachalam,
Cuddalore - 606 001.
5.The Block Development Officer,
Kammapuram,
Cuddalore - 606 103.
6.The Tahsildar,
Iruppu,
Cuddalore - 607 805. .. Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a Writ of Mandamus, directing respondents 1 to 5 to consider and decide the representation of the petitioner dated 19.05.2018 on merits and in accordance with law within a reasonable time.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Ms.D.Senthamani

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for D.Ashok Kumar

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For R2 to R6 : Mr.E.Manoharan Additional Government Pleader

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ORDER

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(Order of this Court was made by S.MANIKUMAR, J.)

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Mr.Jothi.Senthamizhraja, a practising advocate, has filed the instant writ petition for a Mandamus, to the respondents 1 to 5, to take appropriate action for formation of road in Vadakiruppu Colony, Iruppu Post, Virudhachalam, Cuddalore District, based on his representation, dated 19.05.2018.

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In the supporting affidavit, he has contended that there are 8 villages in Iruppu Union. All the Villages except Vadakiruppu Colony, roads have been laid. Since road has not been laid, in Vadakiruppu Colony, where the depressed class people reside, representations have been made to the authorities. There was also a representation sent to the National Commission for Scheduled Castes, Chennai.

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Petitioner has further contended that since no concrete action has been taken for forming a road, instant writ petition has been filed for the relief, stated supra.

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Supporting the contention, petitioner has enclosed the following documents:-

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GOVERNMENT OF INDIA NATIONAL COMMISSION FOR SCHEDULED CASTES, ‘SHASTRI BKAVAN’, BLOCK NO: V, II FLOOR, NO: 26, IIADDOWS ROAD, NUNGAMBAKKAM, CHENNAI - 6 TEL: 044 - 28276430, 28271546 TELEFAX: 044 - 28276430

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F.No.10/75/2018 Rep May 30, 2018

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To The District Collector Cuddalore District Cuddalore Sub: Alleged non-laying of Road to the SCs area - Reg.

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Sir/Madam,

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https://hcservices.ecourts.gov.in/hcservices/

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Whereas a Petition/Complaint/Information has been received by the National Commission for Scheduled Castes from Shri.Jothi.Senthamizhraja dated 9.5.2018 as enclosed and the Commission has decided to investigate/inquire into the matter, in pursuance of the powers conferred upon it under Article 338 of the Constitution of India. You are hereby requested to submit the facts and information and the action taken on the allegation/matters to the undersigned within 20 days of the receipt of this notice either by post or in person or by any other means of communication.

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Please take notice that in case the Commission does not receive reply from you within stipulated time, the Commission may exercise the powers or Civil Courts conferred on it under Article 338 of the Constitution of India and issue summons for your appearance in person or by a representative before the Commissions.

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Yours faithfully,
For Director.

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Copy to: Shri.Jothi.Senthamizhraja Advocate Vadakiruppu, Iruppu Post Virudhachalam Taluk Cuddalore District - 607 805

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From: To: Tmt. S.Shanthoshini Chandra Block development Officer Revenue Divisional Officer, kammapuram Virudhachalam

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O.Mu.(A4)1774/2018 Dated 15.06.2018

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Sir,

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Sub: Road construction - Virudhachalam Taluk - Iruppu Village - Thiru.Jothi.Senthamizhraja has requested to lay roads in the adi-dravidar area - regards.

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View: Thiru.Jothi.Senthamizhraja’s petition dated 24.05.2018

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https://hcservices.ecourts.gov.in/hcservices/

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The aforesaid subjected petition has been enclosed with this. Considering this petition, I request you to take necessary actions and report the details to me and the petitioner on the actions taken by you herein.

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Enclosure:

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Original petitions

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S/d- S.Shanthoshini Chandra Revenue Divisional Officer,

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Virudhachalam

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From: To:
Thiru.A.Shanmugasundaram Special Tahsildar(ASW)
District Adi Dravidar and Schedule caste
Virudhachalam
Welfare Officer,
Cuddalore
Na.ka.W1/14970/2018 Dated: 17.07.2018
Madam:
Sub: Adi-dravidar welfare - Virudhachalam Taluk -
Vadakiruppu Village - To lay road in the adi - dravidar
living area - Regards.
View: 1) National Commission for scheduled caste,
Nungambakkam, Chennai - 6, F.No.10/75/2018 Rep.Date:
30.05.2018
2). Thiru.Jothi.Senthamizhraja's petition
dated 09.05.2018 - vadakiruppu village - Iruppu post -
Virudhachalam Taluk.

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To take action on Thiru.Jothi.Senthamizhraja's petition who has requested to lay tar roads in the adidravidar living area. On regards to this the actual petition has been enclosed with this and sent to you. I request you to take action on this and the details must be forwarded to the petitioner and a report must be sent to this office.

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Yours, Dated 19.7.18 S/d-District Adi Dravidar and schedule caste Welfare Officer, Cuddalore

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https://hcservices.ecourts.gov.in/hcservices/

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Inviting the attention of this Court to the proceedings in R.C.No.A2/2606/2018, dated 11.12.2018, Mr.E.Manoharan, learned Additional Government Pleader submitted that proposal for forming a road, has already been sent by the Block Development Officer, Kammapuram Panchayat Union, Cuddalore District/fifth respondent herein, to the District Collector, Cuddalore District, at an estimated cost of Rs.7.55 lakhs, and administrative sanction and disbursement, sought for. Learned Additional Government Pleader further denied the aspect of discrimination, as alleged.

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Learned Additional Government Pleader further submitted that as Model Code of Conduct is in force, proposal is pending, but if suitable orders are passed by this Court, action would be taken for formation of road.

¶46

Heard the learned counsel for the parties and perused the materials available on record.

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Vide proceedings dated 11.12.2018, Block Development Officer, Kammapuram Panchayat Union, Cuddalore District, fifth respondent herein, has sought for administrative sanction and disbursement of funds. Proceedings dated 11.12.2018, is reproduced:-

¶48

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jpU/,uh/nkhfd;uh$;. khtl;l Ml;rpj;jiyth;.
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cjtp ,af;Feh;
(Cuhl;rpfs;).
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tlf;fpUg;g[ Mjpjpuhtplh; FoapUg;g[ gFjpapy; jhh; rhiy mikj;jy; ? 2018 ? 19 Mk;
Mz;L ? Kd;bkhHpt[ kw;Wk; kjpg;gPL mDg;gp itj;jy; ? bjhlh;ghf/
ghh;it:- 1/ khtl;l Mjpjpuhtplh; kw;Wk; gH';Fo ey mYtyh;. flYhh; mth;fspd;
e/f/vz;/ W1/14970/2018 ehs; 22/11/2018
2/ cjtp bghwpahsh;. Cuhl;rp xd;wpak; fk;khg[uk; mth;fshy; mspf;fg;gl;l
kjpg;gPLfs; ehs;/11/12/2018/
xxxxx
ghh;it 1y; fhQqk; fojj;jpy; jpU/n$hjp/ bre;jkpH;uh$h vd;gth; ,Ug;g[ Cuhl;rp
tlf;fpUg;g[ Mjpjpuhtplh; FoapUg;g[ gFjpapy; jhh; rhiy mikf;f njrpa jhH;j;jg;gl;l ey
Mizah; brd;id mth;fSf;F tpz;zg;gpj;Js;sjhft[k;. ,J bjhlh;ghf khtl;l Ml;rpah;

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https://hcservices.ecourts.gov.in/hcservices/

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mth;fspd; neuo mwpt[iuf;fpz';f jhh; rhiy mikg;gJ bjhlh;ghf vLf;fg;gl;l eltof;if tptuj;jpid njrpa jhH;j;jg;gl;l Mizaj;jpw;F mDg;gp itj;jpl ,g;gzpapid bray;gLj;JtJ Fwpj;J mwpf;if mDg;gpLkhW nfhug;gl;Ls;sJ/

¶51

ghh;it 2y; fhQqk; cjtp bghwpahsh; fk;khg[uk; neuo fs Ma;[t bra;J ,g;gzpf;fhd chpa kjpg;gPl;oid rkh;gpj;Js;shh;/

¶52

t/vz;	Cuhl;rpapd; ;	;; bgah;	gzpapd; bgah;		kjpg;gPL U:/
					yl;rj;jpy;
1	,Ug;g[	tlf;fpUg;g[ [ gFjpapy; ; ;;	Mjpjpuhtplh; [ ; jhh; rhiy mikj;jy;	FoapUg;g	7/55

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vdnt. ,g;gzpapid bray;gLj;jpl eph;thf mDkjp tH';fp epjp xJf;fPL bra;jpl ntz;Lkha; gzpt[ld; nfl;Lf; bfhs;fpnwd;/

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tl;lhu tsh;r;rp mYtyh; (t/C) fk;khg[uk;

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Though proceedings dated 11.12.2018 refers to the petition presented before the National Commission for Scheduled Castes, Nungambakkam, field inspection has been done on 11.12.2018 by the Assistant Engineer, Kammapuram Panchyat Union and that estimation has also been made. It could be seen that steps have been taken by the fifth respondent and that it is pending, with the District Collector, Cuddalore District.

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Model Code of Conduct, came into force from 10.03.2019. As rightly contended by the learned Additional Government Pleader, inasmuch as, Model Code of Conduct is in force, decision has not been taken by the District Collector, Cuddalore District. However, the District Collector, who has received proposal in December, 2018 could have taken a decision even before the Model Code of Conduct has come into force.

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Having regard to the need and usage of road by the general public, notwithstanding the Model Code of Conduct, we direct the District Collector, Cuddalore District, to grant administrative sanction and disbursement of funds, within two weeks, from the date of receipt of a copy of this order, for forming a Thar road in Vadakiruppu Colony.

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After obtaining the administrative sanction and funds, as stated supra, Block Development Officer, Kammapuram Panchyat Union, Cuddalore District, respondent No.5, is directed to issue tender and finalise the same, in accordance with the provisions of the Tender Transparency Act, 1998.

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https://hcservices.ecourts.gov.in/hcservices/

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With the above directions, instant writ petition is disposed of. No Costs.

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Sd/Assistant Registrar //True Copy// Sub Assistant Registrar

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1.The National Commission for Scheduled Castes "Shastri Bhavan" Block No.V, II Floor, No.26, Haddows Road, Nungambakkam, Chennai - 600 006. 2.The District Collector, Cuddalore District, Cuddalore - 607 001. 3.The District Project Officer, Kammapuram Union, Cuddalore. 4.The Revenue Divisional Officer, Block Development Officer, Virudhachalam, Cuddalore - 606 001. 5.The Block Development Officer, Kammapuram, Cuddalore - 606 103. 6.The Tahsildar, Iruppu, Cuddalore - 607 805. +1cc to D.Ashok Kumar, Advocate sr.35278 +1cc to Government Pleader sr.no.35801 W.P.No.7901 of 2019 bs(co) nr 12/04/2019

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https://hcservices.ecourts.gov.in/hcservices/

JOthi.Senthamizharaja, Advocate v. The National Commission for scheduled castes

Case brief

What is this about?

What did the court decide?

JOthi.Senthamizharaja, Advocate v. The National Commission for scheduled castes

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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