Mandatory requirement for Village Administrative Officers to reside in their charge villages and the need for strict enforcement of this rule.

(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1, 2 and 3 to strictly instruct the fifth respondent to stay within the residential jurisdiction of the Melaiyur Revenue Village by considering petitioner's representation dated 09.03.2019 and 13.06.2019 within the time stipulated by this Court.)

1. The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents 1, 2 and 3 to strictly instruct the fifth respondent to stay within the residential jurisdiction of the Melaiyur Revenue Village, by considering the petitioner's representations, dated 09.03.2019 and 13.06.2019, within the time stipulated by this Court.

2. I have heard Mr. R. Alagumani, learned counsel appearing for the petitioner and Mr. M. Rajarajan, learned Government Advocate appearing for the respondents.

3. The petitioner is the resident of the Village called Pazhiyanchiyanallur, Melaiyur Post, Thiruvidaimaruthur Taluk, Thanjavur District, which, comes under the revenue village, called Melaiyur village, where there is a Village Administrative Officer by name, D. Thinakaran. Though the Village Administrative Officer has been appointed for the said revenue village and as per the relevant Service Rules and Government instructions issued from time to time, the Village Administrative Officer concerned supposed to be in the village itself, in other words, the Village Administrative Officer must reside in that village and discharge his duties, the said individual is not residing in the said village and he will be leaving by Friday afternoon to his native place and come back either on Monday afternoon, or sometime even, Tuesday. He may not be available in the concerned village and because of the non availability of the Village Administrative Officer concerned in the village, despite the instructions given by the Government in this regard, the petitioner and other similarly placed people of that village are affected in getting necessary assistance with regard to the Government Schemes through the Village Administrative Officer concerned.

4. Only in that circumstances, the petitioner seems to have given representation to all the respondents herein on 09.03.2019 and in this regard, the representation given to the first respondent/the District Collector on 09.03.2019, reads thus:-

“TAMIL”

5. Similar representations have been given to the respondents 2, 3 and 4 also. The said representations seem to have been given through registered post and the same had been reached the respondents. However, no action seems to have been taken by the respondents. Therefore, the petitioner has made an application under the Right to Information Act, 2005 to the first respondent office and sought for the address of the Village Administrative Officer concerned of his village. In this regard, the first respondent, by communication dated 06.04.2019, has made the following:-

“TAMIL”

6. Thereafter, yet another detailed representation had been given by the petitioner to the respondents 1 and 2 on 13.06.2019 making complaint against the Village Administrative Officer alleging that, the Village Administrative Officer is not residing in the village and discharging his duties. Since no action has been taken by the respondents, the petitioner has moved this writ petition with the aforesaid prayer.

7. I have heard the learned counsel appearing for the petitioner, who would submit that, the complaints that the Village Administrative Officers are not staying at the village concerned, has engaged, earlier, in writ petitions filed before this Court in number of occasions and ultimately before the Division Bench of this Court, the issue has been thoroughly discussed and a detailed order was passed by the Division Bench of this Court in a reported judgment in K.S. Vivekanandam vs. The Chief Secretary, Government of Tamil Nadu and Others, 2011 (5) CTC 515 where directions have been given.

8. The learned counsel for