Tuesday, February 5, 2019

SHRC slaps fine on tahsildar for negligence

DECCAN CHRONICLE.

PublishedFeb 5, 2019, 5:44 am IST

Even after making complaints several times to Selvapandi, tahsildar, Pollachi taluk no proper action was taken against the encroachers.


N. Ayyaswamy, and his wife Subbulakshmi, encroached the common pathway, and built a house on the place.

Chennai: The State Human Rights Commission has slapped a fine of Rs 50,000 on a tashildar for permitting a person to construct a house encroaching a pathway to the Dalit Colony in Coimbatore district. The Commission recommended that the state government should initiate departmental action against the respondent for his negligence in his official duty five years ago.

In the petition, Ramasamy of Vazhaikombu, Pollachi taluk, Coimbatore District submitted that he belonged to the Scheduled Caste and was residing along with 34 families in the colony. They were using a common pathway to their residential area and to Sri Karupparayan Temple for decades.

N. Ayyaswamy, and his wife Subbulakshmi, encroached the common pathway, and built a house on the place. This was causing serious hardships to the families.

Even after making complaints several times to Selvapandi, tahsildar, Pollachi taluk no proper action was taken against the encroachers. In turn, Selvapandi supported Ayyaswamy and threatened the villagers.

The local panchayat also sent a representation to the tashildar on April 30, 2013 to measure the place and to show the boundaries of the public road.

Based on the complaint, revenue divisional officer Pollachi directed the tashildar to take suitable steps to confirm the pathway and to remove the encroachment. As Ayyaswamy refused to vacate the land, the complaint sought action against the tahsildar.

After appearing before the commission, Selvapandi had not filed any counter affidavit and reply.

SHRC judge D Jayachandran said this commission was of the considered view that the encroachments infringe rights of other citizens. They created a bad impression in the minds of people that no action would be taken in the event of encroaching public land.

He said the competent authorities must be vigilant over public land, water bodies and water resources. If officials were inactive and insensitive towards encroachment of public lands and water bodies, it would amount to infringement of the constitutional rights of other citizens as it would hinder getting sufficient pathway.

The Commission was of the view that the complainant was entitled to receive compensation of `50,000 from the tahsildar.

The Judge recommended the government to initiate departmental action against the tahsildar for committing negligence in his official duty.

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