Remedy to public grievance?

A public grievance meant to be solved at the state level should get resolved finally at the level of the head of the government, namely, the chief minister. But when the C.M is either not available or not willing to interfere and get the problem solved with his authority or good will, the public has no other go except to approach the constitutionally empowered authority to interfere in such matters ,namely, the High Court in the state. If and when the high court also feels helpless or unwilling to interfere in day-to-day administrative matters, then the public has no other option except to keep quiet and undergo the suffering.

A typical example of such a situation has arisen in Tamil Nadu. Look at the following episode:

The Hindu - Friday, November 26, 2010

“Court reiterates its order on encroachments” by Special Correspondent

The Madras High Court has reiterated its 2005 order directing the government to identify encroachments on natural water resources in the state and initiate appropriate steps.

In his petition G.Sivaprakasam of Ayyanpettai village in Kancheepuram district stated that there were more than 16000 persons living in the village. They were agriculturists and weavers. As per revenue records, there were six ponds in the village. In the past 10 years the ponds had been encroached upon. As a result, the water bodies which helped the people in their day-to-day needs had been affected.

In its order, the First Bench comprising Chief Justice M.Y.Eqbal and Justice Sivagnanam, said that so far as the question of removal of encroachments on ponds and tanks was concerned, the matter was discussed at length by a division Bench earlier. It had reiterated a judgment of 2005 directing the government to identify all such natural water resources in different parts of the state, and wherever encroachments were found, to initiate appropriate steps in accordance with law for restoring such resources to their original position so that the people’s sufferings due to drinking water shortage could be ameliorated.

The First Bench said, it was disposing of the present writ petition with the direction and observation made in the earlier judgment.

It is indeed a Perfect Disposal of Public grievanceas as per the norms of current thinking and system prevalent in the country.

Critical Analysis:

People at fault or found guilty of dereliction of duty are the following:

Village Record Keeper (V.A.O) who failed to prevent such encroachments in the initial stage and not reporting the matter timely and ensuring preemptive action. He is invariably mixed up with real estate owners or local powerful politicians.

Tehsildar who failed to listen to the villagers and take necessary proceeedinds against the encroachers in time.

Collector of the district who ignored the grievance of the villagers in his weekly Public Grivance Redressel Meetings at the collectorate. Present day collectors are busy in protecting their chairs and unable to devote time for such issues to their logical end in view of the short tenure they enjoy in a particular district and other pressures at work place.

Chief Secretary who failed to devote time for such complaints received at the Secretariat and also failed to monitor the subject of encroachments on public lands from time to time in the Collectors’ Conferences. The poor man hardly has time or the guts to take initiatives on public issues and pursue the matter under the present milieu in the country unless and until the C.M orders for it.

Chief Minister who failed to gauge the public opinion and ensure grievance redressel as and when the petitioners move for such an action. It depends on the C.M’s priority also for such matters. Janata Durbar doesn’t seem to be working in Tamil Nadu.

Revenue Secretary to the State Government who failed to take note of the court’s directives issued in 2005. Normally the Revenue Secretary is flooded with files in his office. It requires an extraordinary and committed officer who only can do the needful in such matters. Such officials also keep changing or getting transferred within a year or two to suit the convenience of the chief minister.