Tamil Nadu - Madurai   

Villager gets justice after prolonged struggle

Staff Reporter

High Court Bench orders Collector to conduct an enquiry

MADURAI: K. Muniappan of Ayyan Karisalkulam village in Srivilliputur taluk of Virudhunagar district did expect a remedy when he filed a writ petition before the Madurai Bench of the Madras High Court alleging that the Vatharayiruppu panchayat president had constructed a wall blocking the entrance of his house owing to previous enmity, but he would not have even dreamt that the court would direct the District Collector to inspect the site and take immediate steps to demolish the wall.

Allowing the petition, Justice Makena Eswara Narasimha Patrudu also ordered the Collector to conduct an enquiry and initiate disciplinary action against the panchayat president, besides recovering a sum of Rs.10,000 from the latter's account, if she had misused her office in the process.

Petitioner cautioned

The money recovered should be paid to the petitioner by way of compensation for the mental agony suffered by him, the Judge clarified and also cautioned that the petitioner would be taken to task, if the allegations levelled against the panchayat president turned out to be untrue.

On the claim of the petitioner that the seven-foot-tall wall, put up on the panchayat pathway in front of his house, was not removed till date despite specific directions from the Block Development Officer on September 27, 2004, Mr. Justice Patrudu said, "If the allegations levelled against the second respondent (panchayat president) are true, it is nothing but a clear violation of fundamental rights of the petitioner by misusing the authority given to the second respondent under the Panchayat Act."

He recalled that Article 15 of the Constitution deals with prohibition of discrimination and accordingly the State shall not discriminate against any citizen of the State and no citizen shall be subjected to any disability, liability, restriction or condition with regard to access to shops, public place or the use of wells, tanks, roads and other places of public usage.

Stating that the local bodies were established for the development of villages, he said, individual enmity should not be a cause for administrative action and whenever such instances were brought before the courts they had to review the matter and compensate, if necessary, for the mental agony of the villager.

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