SUBRAMANIAN SWAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner appearing in person has filed the present writ petition in public interest seeking for a direction to the respondents 1 to 3 to constitute the Revenue village of Keelvisharam also known as Rasathupuram as a separate village panchayat in terms of the Tamil Nadu Panchayat Act 1994.

(2.) ACCORDING to the petitioner, the Melvisharam Town Panchayat (presently upgraded as Third Grade Municipality) consists of 17 wards in Melvisharam and 4 wards in the Keelvisharam. Since the Keelvisharam comprises of minority group of people having a particular religious segment, they have been ignored in the grant of facilities by the Municipalities and the persons, who are controlling the Municipalities, are powerful both industrially and financially. Such a domination by one group has resulted in the underdevelopment of the wards in the Keelvisharam and there are no proper roads and drainage facility and supply of water has also not been provided properly. The petitioner made a forcible plea that due to the neglect and disinterest shown to the people of Keelvisharam known as Rasathupuram for the past 30 years, the said segment has been made as a separate panchayat.

(3.) MR.Raja Kalifulla, learned Government Pleader, pointed out that earlier a writ petition being W.P.No.19548 of 2001 was filed by a person claiming to be the villager of that area in public interest for the very same relief and the same was dismissed on 30.6.2005 by this Court. But he fairly conceded that the said writ petition was dismissed for default. However, the learned Government Pleader has filed a counter affidavit filed on behalf of the District Collector wherein it is stated that during the pendency of the aforesaid proceedings, the second respondent Collector inspected the Municipality and also made a detailed report giving details of the two segments in the Municipality and said there was no grievance or any demand from the people alleging any discrimination or dissatisfaction. The learned Government Pleader also submitted that in 1951, Melvisharam was a First Grade Panchayat and thereafter, it became a Selection Grade Town Panchayat and on 07.10.2004, it was upgraded as Third Grade Municipality and there has been harmonious co-existence. He also submitted that the Keelvisharam segment was already taken care of by the Municipality and there are three over head tanks supplying four lakhs litres of water to the people there on alternative days and out of 28 streets, 23 streets have been made by cement and bitumen and the area is fully provided with proper electric lightings and facilities and garbage is collected on door to door basis daily without any discrimination. The contention that the statutory notices were issued in Urdu language was also totally denied and all the notices have been issued only in the language of the State, viz., Tamil, and out of the total funds allotted, sufficient funds have been provided for taking care of the basic amenities in that segment. However, the petitioner filed a reply affidavit and also filed an additional reply affidavit reiterating the same contentions.