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Madras High CourtWP/5536/2017disposed of

M.Rajasekaran, S/O.Masilamani v. The District Collector

2017-03-06Honourable The Acting Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.5536 of 2017 M.Rajasekaran .. Petitioner Vs 1.The District Collector Namakkal District Namakkal.

2.The District Registrar (Administration) Namakkal District, Namakkal.

3.The Superintending Engineer Mettur Electricity Distribution Centre Salem District.

4.The Executive Engineer Public Works Department (Sarabanga Vadinila Kottam) Namakkal District.

5.Shanmugam, President Vinayagar Farmers Lift Irrigation Society 77, Pandamangalam Rd Pothanur Post, Paramathi Velur Taluk, Namakkal District.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the first respondent to initiate and complete the enquiry based on the complaint of the petitioner dated 3.8.2016 within a stipulated time.

For Petitioner : Mr.P.Senniyangiri For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 to 4

ORDER

(Order of the Court was made by the Acting Chief Justice) Mr.M.K.Subramanian, learned Government Pleader takes notice for respondents 1 to 4.

2. Heard the learned counsel for the parties.

3. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing the first respondent to initiate and complete the enquiry based on the complaint of the petitioner dated 3.8.2016 within a stipulated time.

4. It is the case of the petitioner that in Namakkal District several societies are formed with the object of providing irrigation facilities to the lands of its members from the Cauvery River. It is his case that water from Cauvery River cannot be drawn directly and it is subject to several norms fixed by the Government. It is pleaded that normally during middle of June to end of January water is permitted to be drawn, but the fifth respondent is operating throughout the year causing water scarcity in the area. In this regard, the petitioner made a complaint to the respondent authorities on 3.8.2016. However, the same was not considered till date. Hence, the petitioner has filed this writ petition for the relief stated supra.

5. Considering the facts and circumstances of the case, we direct the respondent authorities to consider the representation of the petitioner dated 3.8.2016 and do the needful in accordance with law.

The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To:

1.The District Collector Namakkal District Namakkal.

2.The District Registrar (Administration) Namakkal District, Namakkal.

3.The Superintending Engineer Mettur Electricity Distribution Centre Salem District.

4.The Executive Engineer Public Works Department (Sarabanga Vadinila Kottam) Namakkal District.

+1cc to Mr. E.P. Senniyangiri, Advocate Sr. 14461 +1cc to the Government Pleader Sr. 14778 W.P.No.5536 of 2017 RK(CO) VR(20/03/2017)