D.Ramesh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.5307 of 2023 and W.M.P.No.5348 of 2023 D.Ramesh ..

Petitioner vs

1. The District Collector Vellore, Vellore District.

2. The Additional Director (Panchayats) Vellore, Vellore District.

3. The Block Development Officer Kaniyambadi Panchayat Vellore, Vellore District.

4. A.Nethaji ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent to cancel the allotment order issued to the fourth respondent for the renovation of new lake situated at Pudur Village, Kaniyambadi Panchayat Union, Vellore Taluk, Vellore District under Anna Marumalarchi Thittam-II. (AGAMT)-II 2021-2022 in e/f/M2/1612/2022 dated 24.09.2022.

For Petitioner :

Mr.M.Sathish Kumar For Respondents :

Mrs.R.Anitha Special Government Pleader for respondents 1 to 2 1/5

Mr.Yogesh Kannadasan Special Government Pleader for respondent 3 for respondent 4 notice dispensed with

ORDER

The prayer sought for in this writ petition is for a Writ of Mandamus, directing the third respondent to cancel the allotment order issued to the fourth respondent for the renovation of new lake situated at Pudur Village, Kaniyambadi Panchayat Union, Vellore Taluk, Vellore District under Anna Marumalarchi Thittam-II. (AGAMT)-II 2021-2022 in e/f/M2/1612/2022 dated 24.09.2022.

2. In order to de-seal the tank ie., the village tank at the petitioner place, a contract was given to the fourth respondent by the third respondent and after the fourth respondent taking the contract, before he completes the work, due to rain, the lake was filled with water and according to the learned counsel appearing for the petitioner, as of now, at least half of the tank is filed with water and therefore, at this juncture, the fourth respondent cannot undertake the work. Hence, the work can be stalled for some time till the lake got drained during the summer season., thereby, the fourth respondent can be permitted to continue his work. Only to that extent he has given a representation on 29.11.2022 and in order to consider the 2/5

same, the present writ petition as been filed.

3. Heard Mr.M.Sathish Kumar, learned counsel appearing for the petitioner, Mrs.R.Anitha, learned Special Government Pleader appearing for the respondents 1 and 2 and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for respondent 3. In view of the order going to be passed in this writ petition, notice to the fourth respondent is hereby dispensed with.

4. Learned Special Government Pleader appearing for the official respondents would submit that, because half of the lake is filled with water, work cannot be undertaken as of now. Therefore, once the water gets drained only, that would be commenced. With this assurance, the official respondents would ensure that the work would be undertaken only after a conducive time and as of now, work would not be undertaken, he contended.

5. In view of the stand taken by the learned Special Government Pleader, this Court feels that recording the said submissions, this writ petition cannot be given a quietus.

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6. Hence, by recording the said submissions made by the learned Special Government Pleader, no further order is needed to be passed, as sought for by the petitioner, at this juncture. Accordingly, the writ petition is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. Index: Yes/No 23.02.2023 drm To

1. The District Collector Vellore, Vellore District.

2. The Additional Director (Panchayats) Vellore, Vellore District.

3. The Block Development Officer Kaniyambadi Panchayat Vellore, Vellore District.

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R. SURESH KUMAR, J.

(drm) W.P.No.5307 of 2023 and W.M.P.No.5348 of 2023 23.02.2023 5/5