Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2021 CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.14481and 7833 of 2020 and Crl.R.C(MD)No.599 of 2016 W.P(MD)No.14481 of 2020 A.P.Suryaprakasam ... Petitioner Vs.
1.State of Tamil Nadu, represented by its Secretary, Civil Supply Department, Fort St.George, Chennai – 600 009.
2.The Chairman cum Managing Director, Tamil Nadu Civil Supplies Corporation Limited, No.12, Thambusamy Road, Kilpauk, Chennai – 600 010.
3.The Secretary to Government, Co-Operation, Food and Consumer Protection Department, Secretariat, Chennai – 600 009.
[R2 and R3 were suo motu impledead vide order dated
15.10.2020]
4.The Secretary to Government, Department of Agriculture, State of Tamil Nadu, Secretariat, Chennai.
5.The Secretary to Government, Ministry of Home Affairs, Union of India, North Block, New Delhi.
6.The Secretary to Government, Ministry of Law and Justice, Union of India, Shastri Bhawan, New Delhi.
7.The Secretary to Government, Ministry of Parliamentary Affairs, Union of India, Parliament House, New Delhi.
8.The Chief Secretary to Government, State of Tamil Nadu, Fort St.George, Chennai.
9.The Vigilance Commissioner, Personnel and Administrative Reforms Department, State of Tamil Nadu, Fort St George, Chennai.
10.The Director of Vigilance and Anti Corruption, No.293, MKN Road, Alandur Chennai.
[R4 to R10 were suo motu impleaded vide order 02.11.2020] 11.The Union of India, represented by its Secretary, Department of Agriculture and Farmers Welfare, Krishi Bhawan, Dr.Rajendra Prasad Road, New Delhi – 110 001.
[R11 was suo motu impleaded vide order 23.11.2020]
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondent to consider the petitioner's representation dated 10.10.2020.
For Petitioner : Mr.A.P.Satya Murthy For Respondent : Mrs.J.Padmavathi Devi, Nos.1 – 4 & Special Government Pleader
8 - 10 For Respondent : Ms.Victoria Gowri Nos. 5- 7 & 11 Assistant Solicitor General of India S.Rajasekaran ...Petitioner Vs
1.The Director, Directorate of Vigilance and Anti Corruption, No.293, MKN Road, Alandur, Chennai – 16.
2.The Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Collectorate Campus, Virudhunagar – 626 002.
3.The Director, Directorate of Collegiate Education, 9th Floor, EVK.Sampath Building, College Road, Chennai – 6
4.The Vice Chancellor, The Madurai Kamaraj University, Palkalai Nagar, Madurai.
5.The Secretary, Collegiate Education, Chennai.
[R5 was suo motu impleaded vider order dated 22.07.2020]
6.The Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai.
[R6 was suo motu impleaded vide order dated 30.09.2020]
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents 1 to 2 to initiate appropriate criminal action under the relevant provisions of law against the erring officials on the basis of the complaint of the petitioner dated 19.11.2019 For Petitioner : Mr.Veerakathiravan for M/s.Veera Associates For Respondents : Mr.A.Natarajan, 1 & 2 State Public Prosecutor For Respondents : Mr.K.Chellapandian, 3 & 4 Additional Advocate General, Assisted by Mr.K.K.Ramakrishnan, Additional Public Prosecutor For Respondents : Mr.P.H.P.Aravid Pandiyan, 5&6 Additional Advocate General Crl.R.C(MD)No.599 of 2016 Rajendran ...petitioner / petitioner Vs
1.Maru.K.Kannan Theni Government Medical College, Theni.
2.Hema, Nurse, Theni Government Medical College, Theni.
3.Vijayachitra, Nurse, Theni Government Medical College, Theni.
...respondents / respondents PRAYER: Criminal Revision Cases have been filed under Section 397 r/w 401 of the Criminal Procedure Code, to allow this revision and setting aside the order dated 27.05.2011 in Crl.M.P.No.1622 of 2011 on the file of the District Munsif cum Judicial Magistrate Court, Aundipatti.
For Petitioner : Mr.M.V.Venkataseshan For 1st Respondent : Mr.K.K.Senthil for AAV Partners For 2nd & 3rd Respondent : Mr.R.Karthickrajan
COMMON ORDER
[Order of the Court was made by B.PUGALENDHI, J.]
The writ petition in W.P(MD)No.14481 of 2020 is filed seeking a writ of mandamus directing the respondents to consider the petitioner's representation dated 10.10.2020.
2.The Criminal Revision in Crl.RC(MD)No.599 of 2016 is filed as against the order passed by the learned District Munsif cum Judicial Magistrate, Aundipatti, dated 27.05.2011.
3.The writ petition in WP(MD)No.7833 of 2020 is filed for a writ of mandamus, alleging inaction on the part of the respondents 1 and 2 on the complaint of the writ petitioner dated 19.11.2019.
4.By order dated 02.11.2020, this Court directed to tag W.P(MD)No.7833 of 2010 and Crl.R.C(MD)No.599 of 2016 along with W.P (MD)No.14881 of 2020, since the report of the Administrative Reforms Committee, headed by Dr.Justice A.K.Rajan [Retired Judge of Madras High Court], dated 25.04.2008 to ensure corruption free and transparent administration was referred to and therefore, all these matters were taken up together for hearing and are disposed of by way of this common order.
5.In W.P(MD)No.14881 of 2020, the petitioner has submitted a representation dated 10.10.2020, to the first respondent / the Secretary, Civil Supplies Department, Chennai stating that there are no sufficient numbers of paddy procurement centres in the State and the existing centres are also being closed and the farmers are made to wait for days together in rain on streets without any basic amenities. Therefore, the petitioner has requested the first respondent to redress the grievances of the farmers in this connection. Since the petitioner's representation has not evoked any response, this writ petition has been filed as Pubic Interest Litigation.
6.The petitioner inter alia states that the agriculturists, who have brought their agricultural produces to the Government Procurement Centres are facing several hardships and the agriculturists are made to wait on roads for more than 10 days in continuous rain without procuring their produce, thereby resulting the produces drenched in rain. Since the produces become wet, the Government Procurement Centres also refuse to procure the same. The authorities are insisting upon the production of Chitta and Adangal from the agriculturists, making them to approach the Revenue Authorities. Further the agriculturists are not even able to sell their produces for minimum procurement price.
7.The petitioner further states that visual medias are also telecasting the hardships faced by the farmers at the paddy procurement centres especially in Tanjore, Trichy, Nagapattinam, Thiruvarur and Pattukottai etc., Therefore, the petitioners seeks direction to the respondents to establish more number of paddy procurement centres in order to avoid any delay in procuring the produce brought by the farmers without making them to wait on streets.
8.That apart, MrA.P.Suryaprakasam, party-in-person submitted that there is no sufficient space for the farmers to keep their produces at the paddy procurement centres. Further he alleged that the officials are procuring the paddy from private traders. Rs.30/- to Rs.40 per bag is demanded as bribe for procuring the produces from the farmers and several malpractices are exposed in the visual media.
9.Taking judicial notice of the fact from the visual media that agitations are being held by the farmers for not procuring the paddy in time and the officials are also rejecting the paddy citing more moisture content than the prescribed level and therefore, this Court by order dated 15.10.2020 suo motu impleaded respondents 2 and 3 and also directed the respondents to answer the queries raised thereon.
10.In pursuance of the said order dated 15.10.2020 the first respondent filed a counter affidavit stating that there are 540 permanent Direct Purchase Centres [DPCs] are functioning in the State and there are totally 2135 DPCs are functioning in the State. The District Collectors concerned are permitted to open required number of
