The Madras High Court Bench here on Thursday disapproved the contents of summons issued by Madurai Collector U. Sagayam to Union Minister M.K. Alagiri, his wife Kanthi and son Dhayanidhi, seeking their appearance on September 15 to explain alleged destruction of irrigation channels for the construction of Dhaya Engineering College at Sivarakottai near here. When a writ petition filed by M.K. Alagiri Educational Trust challenging the summons came up for hearing, a Division Bench of Justices P. Jyothimani and M.M. Sundresh agreed with petitioner's counsel Veera Kathiravan that the Collector could not “predetermine the guilt” of the trustees and then summon them seeking an explanation as to why action should not be taken.
The judges pointed out that the Collector, in the summons, had stated: “It is crystal clear that M.K. Alagiri Educational Trust has committed offences under the Tamil Nadu Irrigation Works (Construction of Field Bothies) Act, 1959; Tamil Nadu Farmers Management of Irrigation System Act, 2000 and Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007.”
Stating that such a ‘conclusion' could not be made while issuing summons seeking explanation, the judges adjourned the case to Friday giving time to the Collector to withdraw the present summons and issue a fresh one. “Otherwise, we shall order deletion of all the adverse remarks and to consider the present summons as a plain notice seeking explanation,” Mr. Justice Jyothimani said.
He also said that it was unwarranted on the part of the Collector to quote Mahatma Gandhi in the summons. Defending the Collector, Additional Advocate General K. Chellapandian said that Mr. Sagayam had incorporated all details related to the destruction of irrigation channels in the summons only to prevent the trustees from taking a plea that the summon was bereft of details.
He also said that the local residents had complained against the college and a public interest litigation petition was pending.
