L.Balasubramanian v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.08.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI L.Balasubramanian .. Petitioner Vs
1. The District Collector Coimbatore District, Coimbatore.
2. The Sub Collector Pollachi, Coimbatore District.
3. The Chief Engineer Water Resources Organization, Municipal Corporation Complex, Town Hall, Coimbatore.
4. The Block Development Officer, Pollachi South Panchayat Union, Pollachi, Coimbatore District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to issue suitable permission either to Panchayat or Public for digging well situated in 151/B, S.Malaiyandipattinam Village, Pollachi Taluk, Coimbatore District and consequently permit the Panchayat or Public for laid down pipelines from the said well to supply water to the village people.
For the Petitioner : Mr.C.Prakasam for Mrs.N.Karpagalakshmi (Withdrawing his appearance) For the Respondents : Mr.K.Karthik Jagannath Government Advocate
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Today, when the writ petition is taken up, Mr.C.Prakasam, learned counsel, submitted that earlier he appeared on behalf of the petitioner and now he is withdrawing his appearance, as he had handed over the papers to the petitioner.
2. This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing the respondents to issue suitable permission either to the Panchayat or public for digging a well in Survey No.151/1B, S.Malaiyandipattinam Village, Pollachi Taluk and to permit the Panchayat or public for laying down pipelines from the said well to supply water to the village people.
3. We have gone through the papers, particularly, the representation of the petitioner dated 17.5.2022 and the reminder dated 5.1.2023 sent to the the District Collector, Coimbatore. In the representation dated 17.5.2022, the petitioner requested the District Collector to dig a well in the land in Survey No.151/B situated in S.Malaiyandipattinam Village and lay pipelines for providing water to the village people. Admittedly, the said representation is not considered by the District Collector till date. It appears that only for the benefit of the villagers, the petitioner has filed the present writ petition.
4. In view of the above and considering the narrow scope of the prayer made in the writ petition, without going into the merits of the matter, the writ petition is disposed of with a direction to the first respondent to consider the petitioner's representation dated 17.5.2022, followed by the reminder dated 5.1.2023, and pass appropriate orders in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, of course,
after providing opportunity to all the interested parties. There shall be no order as to costs.
(D.K.K., ACJ.) (P.B.B, J.) 29.08.2024 Index :
Yes/No NC :
Yes/No bbr To:
1. The District Collector Coimbatore District, Coimbatore.
2. The Sub Collector Pollachi, Coimbatore District.
3. The Chief Engineer Water Resources Organization, Municipal Corporation Complex, Town Hall, Coimbatore.
4. The Block Development Officer, Pollachi South Panchayat Union, Pollachi, Coimbatore District.
THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
bbr 29.08.2024