M.P.Suresh Rajan v. The Sub Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.02.2025
CORAM
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.P.Suresh Rajan ... Petitioner vs.
1. The Sub Collector, Sub Collector Office, Pollachi 642 001.
2. The Block Development Officer, Pollachi North (Village Panchayat), Coimbatore District.
3. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Pollachi.
4. Siva Kumar & Thiiagarajan
5. Thirunaukkarasu
6. Vijayakumar .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents 1 to 3 to take action on the petitioner's representation dated 30.12.2024 to the first respondent in a time period.
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For Petitioner : Mr.P.Sidharthan For R1 : Mr.E.Veda Bagath Singh Spl.Govt.Pleader For R2 : Mr.K.Tamilvendhan Govt.Advocate For R3 : Mr.R.Kishore Kumar Govt.Advocate.
ORDER
By consent of both the parties, the Writ Petition is taken up for final disposal at the admission stage itself.
2. The present writ petition has been filed to direct the respondents 1 to 3 to take action on the petitioner's representation dated 30.12.2024 to the first respondent .
3. It is the case of the petitioner that he is the resident of Sri Sankara Garden Aachpati for more than 12 years and there are nearly about 30 residents in the above place who had constructed their respective individual houses. The layout is approved layout from the village panchayat and all Page No.2 of 6
are having statutory connections except the drainage connection and the same is likely to come within a year. Thereafter, the said residents were registered in the name of Sri Shankara Garden Kudirrupu Matrum Urumayar Nala Sangam under the Society Act. Thereafter, the respondents 4 and 5 are the owners of land situated in the south side of their property comprised in S.No.21/1 who are having agriculture and coconut garden are enjoying the free electricity provided by the Government of Tamil nadu for the purpose of agriculture, but the respondents 4 and 5 are misusing the same on pumping water from the open irrigation well situated in their property and discharging the water by using SHP Electric Motor into out residential complex and its public road which is situated on the northern side.
4. The learned counsel appearing for the petitioner submitted that the petitioner sent a representation dated 30.12.2024 to the first respondent and the same was received on 01.01.2025. After receipt of the same, the first respondent forwarded to the second and third respondents on 10.01.2025. But no action has been taken on the said representation till date. Hence, the petitioner has come forward with the present writ petition. Page No.3 of 6
5. The learned Special Government Pleader appearing for the first respondent submitted that the representation of the petitioner's Association dated 30.12.2024 will be considered on merits and in accordance with law within a time framed stipulated by this Court.
6. Heard the learned counsel appearing on either side and also perused the materials available on records.
7. In view of the submissions made by the learned counsel on either side, the second respondent, Block Development Officer, is directed to take action on the said representation of the petitioner dated 30.12.2024 after giving due notice to the petitioner and the respondents 4 to 6, affording an opportunity of personal hearing on merits and in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt o a copy of this order.
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This writ petition stands with the above observation and direction. No costs.
27.02.2025 Index : Yes/No.
Internet : Yes/No.
Speaking : Non-speaking Order kkd To
1. The Sub Collector, Sub Collector Office, Pollachi 642 001.
2. The Block Development Officer, Pollachi North (Village Panchayat), Coimbatore District.
3. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Pollachi.
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J.SATHYA NARAYANA PRASAD,J.
kkd 27.02.2025 Page No.6 of 6