T.Tamilamuthan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.505 of 2017 T.Tamilamuthan ..

Petitioner -vs1. The District Collector Kancheepuram District Kancheepuram

2. The Assistant Director (Panchayats) Collectorate, Kancheepuram

3. The Block Development Officer Kundrathur Panchayat Union Padappai, Sriperumbudur Taluk Kancheepuram District

4. The Adhanoor-Karisangal Village Panchayat rep.by its Village Panchayat Adhanoor Village, Madambakkam Post Sriperumbudur Taluk Kancheepuram District

5. Thiruvalluvar Pokkuvarathu Kazhaga Kudieruppu Nala Sangam rep.by its President Registration No.63/1991 Thiruvalluvar Nagar, Aathanoor Panchayat Madambakkam Post, Sriperumbudur Taluk Kancheepuram District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 4 herein to take necessary action on the fifth respondent to prevent from collecting amount for water charges from the petitioner by considering the petitioner's representation dated 08.09.2016.

For Petitioner :: Mr.A.Ramalingam For Respondents :: Mr.M.Elumalai Government Advocate for R1 to 4

ORDER

The petitioner, who is a resident of Aathanoor Village, Madambakkam Post, Sriperumbudur Taluk, has come to this Court objecting to the collection of water charges by the fifth respondent-Thiruvalluvar Pokkuvarathu Kazhaga Kudieruppu Nala Sangam from the petitioner and other general public illegally as if they are providing water facility. When the water facility is provided by the Aathanoor Village Panchayat represented by its President, the fourth respondent herein, on the ground that the fifth respondent has no authority or power to collect the water charges, he has given a representation on 8.9.2016 to the respondents 1 to 3 with a request to take action with regard to the illegal collection of water charges by the fifth respondent. There was no reply. Hence one more representation was also given to the Inspector General of Police, North Division, Chennai against the fifth respondent on 13.9.2016. Again no action was taken. Therefore, he has been advised to come to this Court.

2. Mr.M.Elumalai, learned Government Advocate is directed to take notice on behalf of the respondents 1 to 4.

3. This Court, taking note of the factor that the fifth respondent has no power or authority to collect the water charges from the petitioner and other general public, is inclined to direct the first respondent to consider the representation of the petitioner on his own or if the first respondent deems it fit, he can also direct the third respondent to consider the pending representation of the petitioner on merits and appropriate orders be passed in accordance with law by any one of the authorities within a period of four weeks from the date of receipt of a copy of this order. With this direction, the writ petition stands disposed of. Consequently, W.M.P.Nos.534 & 535 of 2017 are closed. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar ss

To

1. The District Collector Kancheepuram District Kancheepuram

2. The Assistant Director (Panchayats) Collectorate, Kancheepuram

3. The Block Development Officer Kundrathur Panchayat Union Padappai, Sriperumbudur Taluk Kancheepuram District +1 cc to Mr.A.Ramalingam Advocate sr 1829 W.P.No.505 of 2017 rj(co) aa31/01/2017