Madras HC to Tirunelveli collector, Legal News, ET LegalWorld – Legal Firms

MADURAI: The Madras high court has directed Tirunelveli district collector to conduct an inquiry into the allegations made against a panchayat president who threatened and demanded money from a company manufacturing nitrous oxide gas.

The court was hearing the petition filed by D Sundari, president of the Sethuranyanputhur village panchayat in the district. She sought to close down a company manufacturing nitrous oxide gas at the village.

According to the petitioner, the executive officer of the panchayat had originally granted a licence for a period of one year for establishment of the company. The waste from the company is polluting the groundwater and poses a health hazard to the public.

Hence, during the panchayat meeting held in January 2021, an agenda was passed to close the company. Though the licence period has expired, the company was still functioning. Despite several representations, no steps were taken. Hence, the petitioner filed the present petition.

The government pleader submitted that the company had applied to the authorities concerned seeking licence and the company is yet to commence production.

The counsel for the company submitted that the petitioner abusing her powers as the panchayat president along with her husband and sons are threatening the company management demanding money. They are also threatening the staff working in the company. He further submitted that the threats made by the petitioner and her family members were also videographed.

The counsel further submitted that the allegations of pollution is vague as the company is functioning after obtaining proper permission from the authorities concerned.

A division bench of justice R Mahadevan and justice J Sathya Narayana Prasad observed that the company has made an allegation against the panchayat president demanding money by abusing her official powers. The company also claims that it has videographed the threat.

Hence, the judge directed the Tirunelveli collector to conduct a thorough inquiry into the allegations by affording sufficient opportunity of personal hearing to all parties.

The judges said that if the allegations against the petitioner and her family members are proved, then she shall be suspended from the post with immediate effect, removed thereafter by due process of law. Appropriate criminal prosecution shall also be launched immediately against the petitioner and her family members.

Disposing of the petition, the judges directed the collector to file the report and the consequential action taken before the court on December 1.