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Madras High CourtWP/635/2023disposed of

A.Chidambaram v. The District Collector

2023-01-10Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR A.Chidambaram ... Petitioner

Versus

1. The District Collector Tiruppur District.

2. The Commissioner, Vellakovil Municipality, Vellakovil.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 2nd Respondent to unblock Government pipe by considering petitioners representation dated 14.11.2022 within time framed manner and pass. For Petitioner : Mr.V.P.K.Gowtham For Respondents : Mr.V.Nanmaran, AGP

ORDER

Mr.V.Nanmaran, takes notice on behalf of the respondents. By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.

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2. This writ petition has been filed seeking a direction to the the 2nd Respondent to unblock Government pipe by considering petitioners representation dated 14.11.2022 within time framed manner and pass. 3.The facts of the case are as follows:

The petitioner is having the land to an extent of 8 acres in S.F.No.49A2A at Kallankattuvalasu, Vellakovil. The petitioner doing farming activities in the said land. Due to rain, flooded his land as well as his neighboring lands. The respondent authorities kept pipe for rain water going out from agricultural lands. While so, some one blocked the government owned pipe with stones and soil and the rain water not able to go out from the agricultural land. Therefore, the petitioner made a representation to the second respondent to unblock the Government Pipe. Since no action was taken so far, the present petition has been filed before this Court seeking appropriate remedy. 4.The learned counsel for the petitioner submitted that this Court may issue a direction to the second respondent to consider the petitioner's representation and pass appropriate orders within the stipulated time as fixed by this Court.

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5.On the other hand, the learned Government counsel submitted that the second respondent will be considered the representation of the petitioner and appropriate orders will be passed on merits within the time frame to be fixed by this court.

6. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents and perused the materials available on record.

7.Considering the facts and circumstances of the case and having regard the submissions made by the learned counsel on either side, the second respondent is directed to consider the representation of the petitioner dated 14.11.2022 and pass orders on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. 8.With the above direction, the writ petition stands disposed of. No costs. 10.01.2023 rli 3/4

N.SATHISH KUMAR, J.

rli To

1. The District Collector Tiruppur District.

2. The Commissioner, Vellakovil Municipality, Vellakovil.

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