P.Madhaiyan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.08.2018
CORAM
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.20074 of 2018 P.Madhaiyan
...Petitioner
Versus
1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Tahsildar, Nallampalli Taluk, Nallampalli, Dharmapuri District.
3.The Revenue Inspector, Palayam Village, Nallampalli Taluk, Dharmapuri District.
... Respondents Prayer:
Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent herein to consider and pass orders on the petitioner's representation dated 19.9.2016 in the light of Revenue Standing Order 24-A9(g)(h) and (j) and the report of the 3rd respondent herein for permission to lay pipeline from his irrigation well in S.No.337/1B2 in Kammampatty Village, Nallampalli Taluk, Dharmapuri District, to his another agricultural land in S.No.318/3 through Government Poramboke Land in S.Nos.329 and 338 so as to enable him to draw water through the said pipeline for agricultural purposes on payment of necessary track rent as fixed in the Revenue Standing Orders by the petitioner herein within a reasonable time fixed by this Court.
For Petitioner : Mr.D.Baskar For Respondents : Mr.I.Sathish, 1 to 3 Additional Government Pleader
O R D E R
The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the 2nd respondent herein to consider and
pass orders on the petitioner's representation dated 19.9.2016 in the light of Revenue Standing Order 24-A9(g)(h) and (j) and the report of the 3rd respondent herein for permission to lay pipeline from his irrigation well in S.No.337/1B2 in Kammampatty Village, Nallampalli Taluk, Dharmapuri District, to his another agricultural land in S.No.318/3 through Government Poramboke Land in S.Nos.329 and 338 so as to enable him to draw water through the said pipeline for agricultural purposes on payment of necessary track rent as fixed in the Revenue Standing Orders by the petitioner herein within a reasonable time fixed by this Court.
2.
Learned Counsel appearing for the petitioner submitted that the petitioner is a permanent resident of Pappampatti Kattu Valavu, Kammampatti Village, Nallampalli Taluk, Dharmapuri District. He is owning an agricultural land in S.No.318/3 to an extent of 4 Acres which is being cultivated by him. As there is an irrigation well in his another land in S.No.337/1B2, he has to draw water for irrigation purpose from that well by laying pipeline from the said well to his another agricultural land in S.No.318/3 through Government Poramboke Lands in S.Nos.329 and
338. In this regard, the petitioner has given a representation dated 19.09.2016 to the 2nd respondent requesting to grant permission to lay pipe line. The said request has not been considered till date. Hence the present Writ Petition. 3.
Learned Additional Government Pleader taking notice for the respondents 1 to 3 sought for six weeks time to consider the representation of the petitioner.
4.
In view of the limited prayer made in the Writ Petition, without going into the merits of the claim made by the petitioner, this Court directs the 2nd respondent to dispose of the petitioner's representation dated 19.09.2016 on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this Order.
5. The Writ Petition is disposed of accordingly. No costs. Sd/- Deputy Registrar //True copy// Sub Assistant Registrar tsi
To 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Tahsildar, Nallampalli Taluk, Nallampalli, Dharmapuri District.
3.The Revenue Inspector, Palayam Village, Nallampalli Taluk, Dharmapuri District.
+1cc to Mr.R.Thamarai Selvan, Advocate SR.No.53432 +1cc to Government Pleader SR.No.53966 W.P.No.20074 of 2018 GN(23/08/2018)