Varaaki, S/O.V.Radhakrishnan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.12671 of 2016 Varaaki .. Petitioner -vs1.The District Collector, Collectorate Office, Kancheepuram District.

2.The Executive Engineer, Public Works Department, (Water Resource) Lower Palar Drainage Division, Kancheepuram District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents in particularly the second respondent to implement the order Na.Ka.125/Q3/2016, dt. 04.03.2016 issued by the first respondent and to continue the de-siltation work on the Big Lake in S.No.260/1 and 260/3 in Kannagapattu village, Thiruporur Taluk, Kancheepuram District.

For Petitioner : Mr.P.Vijendran For Respondents : Mr.STS.Moorthy Government Pleader for R1 & R2 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) In the status report filed by the Assistant Executive Engineer, P.W.D., Lower Palar Basin Sub Division, Chengalpattu, it is stated that 60% of the work of deepening of the tank is over. But this in turn would require the election process to be completed, as the work has been temporarily stopped due to the Model Code of Conduct.

2. We fail to appreciate as to how when the work has once commenced would the Election Commission come into the picture, since as usual, even a letter has not been addressed to the Election Commission, yet that excuse is made.

3. The learned Government Pleader, on instruction from Mr.G.R.Radhakrishnan, AEE/PWD, Office of the Assistant Executive Engineer, WRO, PWD, Lower Palar Basin Division Chengalpattu, who is present in Court, submits that within a maximum period of eight weeks from today, the work will be fully completed.

4. We take the assurance/undertaking on record, making it clear that any violation would be on the pain of contempt.

5. The writ petition is disposed of in terms aforesaid. No costs.

s/d- Assistant Registrar(CSVII) True Copy Sub-Assistant Registrar bbr

To 1.The District Collector, Collectorate Office, Kancheepuram District.

2.The Executive Engineer, Public Works Department, (Water Resource) Lower Palar Drainage Division, Kancheepuram District.

+1 cc to Government pleader sr.27793 +1 cc to P.Vijendran Advocate sr.27876 W.P.No.12671 of 2016 aa17/05/2016