N.Selvarani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.11293 of 2016 N.Selvarani ... Petitioner vs.
1.The District Collector, Tiruppur, Tiruppur District.
2.The District Revenue Officer, Tiruppur, Tiruppur District.
3.The Revenue Divisional Officer, Udumalpet, Tiruppur District.
4.The Tahsildar, Madathukulam, Udumalpet, Tiruppur District.
5.The Assistant Divisional Engineer, Department of National Highways, Maduthukulam, Tiruppur District.
... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents 2 to 4 to estimate the cost of road tax and enable the petitioner to pay the road tax and issue receipt to the petitioner for carrying out repair works and fixation of underground pipe line of road comprised in s.No.238/2, 208 situated at North Shankaramanallur Village, Madathukulam Taluk, Tiruppur District, by considering the representation dated 8.3.2016.
For Petitioner : Mr.K.Myilsamy For Respondents : Mr.S.Pattabiraman, Govt. Advocate.
ORDER
By consent, the main writ petition itself is taken up for final disposal.
2. The petitioner has come up with the present writ petition for a mandamus, directing the respondents 2 to 4 to estimate the cost of road tax to enable her to pay the road tax and issue receipt to her for carrying out repair works and fixation of underground pipe line of road comprised in S.No.238/2, 208 situated at North Shankaramanallur Village, Madathukulam Taluk, Tiruppur District, by considering the representation dated 8.3.2016.
3. The case of the petitioner, in brief, is as follows:- (a) The petitioner is the absolute owner of the agricultural land measuring to an extent of 4.02 acres comprised in S.No.237/2A, 237/2 situated at North Shankaramanallur Village, Madathukulam Taluk, Tiruppur District, by virtue of a registered partition deed dated 3.4.2014 vide document No.1296/14 on the file of SRO, Kaniyur. She is also joint owner of the Well comprised in S.No.155/1F and the same is situated on the northern side of her agricultural land. From the date of partition, she is in continuous possession and enjoyment of the said land. All the revenue records are also standing in her name.
(b) She is doing agricultural activities by using the Well water and the Well water is the only source for her to irrigate her agricultural fields. While so, in the middle of her agricultural land and the Well, a road comprised in S.No.238/2 and 208 was running from Vayalur to Kulmam. By crossing the said road, she has been supplying the Well water to her lands through underground water pipelines, which were laid in the year 1980. While that being so, the supply of Well water through the underground pipeline had been suddenly stopped during June, 2015. After verification, she came to understand that the underground pipelines have been severely damaged due to long usage and it need to be repaired. The said road has been maintained by the fifth respondent authorities. Therefore, she sent a written representation dated 28.7.
2015 to the fifth respondent seeking permission to carry out the repair works of the underground water pipeline. She has also agreed to pay appropriate fees as fixed by him and also agreed to restore the road after repairing the underground pipeline. But, the fifth respondent failed to give permission.
(c) Due to non-supply of water, the petitioner is unable to do agricultural activities. Hence, she was constrained to file a writ petition before this Court in W.P.No.24698 of 2015 seeking a direction to the fifth respondent to permit her to carry out the repair work. The said writ petition was disposed of by an order dated 11.8.2015, with a direction to the fifth respondent to consider her representation dated 28.7.2015 within six weeks. On receipt of the said order, the fifth respondent, after conducting enquiry, granted permission to the petitioner to carry out the repair work and to fix the underground water pipeline.
(d) Immediately, the petitioner made a written representation in person to the second respondent on 21.8.2015 and expressed her willingness to pay the road tax. The second respondent has also assured that they would estimate the cost of road tax. However, the second respondent has not estimated the cost of road tax. Thereafter, she sent several representations to the second respondent. Finally, the petitioner sent a representation dated 8.3.2016 to the respondents 2 to 4 requesting them to estimate the cost of road tax to enable her to pay the same. Since the same was also not considered, the petitioner has come up with the present writ petition for the relief set out earlier.
4. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate, who has taken notice on behalf of the respondents.
5. Considering the facts and circumstances of the case and considering the submissions made on either side, without going into the merits of the claim made by the petitioner, this Court directs the the second respondent to consider the representation of the petitioner dated 8.3.2016 and pass appropriate orders / take appropriate action, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar sbi
To 1.The District Collector, Tiruppur, Tiruppur District.
2.The District Revenue Officer, Tiruppur, Tiruppur District.
3.The Revenue Divisional Officer, Udumalpet, Tiruppur District.
4.The Tahsildar, Madathukulam, Udumalpet, Tiruppur District.
5.The Assistant Divisional Engineer, Department of National Highways, Maduthukulam, Tiruppur District.
+1cc to Mr.K. Myilsamy, Advocate, S.R.No.19332 +1cc to the Government Pleader, S.R.No.19599 KGK(CO) EU(22/04/2016) W.P.No.11293 of 2016