Ramesh.G v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.5918 of 2025 Ramesh.G ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Additional Chief Secretary, Department of Rural Development and Panchayat Raj, Fort St.George, Chennai - 600 009.
2.The District Collector, Ranipet District Collector Office, Ranipet.
3.The Tahsildar, Arakkonam Taluk Office, Ranipet District.
4.Block Development Officer, Arakkonam Union, Ranipet District.
5.The Panchayat President, Thangipolur Panchayat, Arakkonam Taluk, Ranipet District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the respondent 5 to Page No.1 of 7
relocate the proposed Pumphouse to alternative options available at vacant government land in S.No.310 and 311 located nearby to the government's high power borewell by considering the petitioner's representation dated 22.11.2024.
For Petitioner :
Mr.R.Prathapkumar For Respondents 1 to 3 :
Mrs.R.L.Karthika, Government Advocate For Respondents 4 & 5 :
M/s.V.Yamuna Devi, Special Government Pleader
O R D E R
The petitioner has filed this petition seeking to direct the fifth respondent to relocate the proposed Pumphouse to alternative options available at vacant government land in S.No.310 and 311 located nearby to the government's high power borewell by considering the petitioner's representation dated 22.11.2024.
2. Since no adverse order is being passed, this writ petition is taken up for final hearing.
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3. The case of the petitioner is that he is the owner of the Agricultural Land recorded as Survey Number 299, Thanigalpolur Village, Arakkonam Taluk, Ranipet District, to an extent of 82 cents. The agricultural land situated at Survey No.299 is surrounded by a Panchayat Road running between Survey No.299 and 301. It is also surrounded by Survey No.296 and 300 owned by the petitioner and Survey No.310 and 311 which constitute vacant government land. The 10 feet Panchayat Road, which is 2ft in breadth, bordering the land is the only road connection to the petitioner's agricultural land. The petitioner has constructed Two Small borewells to support limited water consumption for agricultural purposes, which is a primary source for sustenance of agriculture.
This being the case, the fifth respondent and the local Panchayat Board have constructed a high power borewel for the purpose of public use, adjacent to the Petitioner's low power bore wells, which severely impact the access of water for irrigation of the Petitioner's agricultural land and the same has not been made operational till date.
3.1. Further, the Panchayat has initiated action to construct a Power Page No.3 of 7
House in the 2 feet gap present between the petitioner's land and the Panchayat Road. The presence of the Powerhouse and High Power Borewell near the Low Power Borewell of the petitioner would adversely affect the agricultural activity of the petitioner. In this regard, the petitioner submitted a representation to the respondents dated 22.11.2024 with the request to relocate the proposed pump house adjacent to S.No.299/2A1 to alternative options present at vacant government land in S.Nos.210 and 311 located in close proximity to the high power borewell. However, the same has not been considered till date. Hence, the petitioner has come forward with the present writ petition.
4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the fifth respondent to consider the petitioner's representation dated 22.11.2024 and pass appropriate orders on merits and in accordance with law, within a time frame to be fixed by this Court.
5. Learned Special Government Pleader appearing for the respondents Page No.4 of 7
4 & 5 has no objection for the said order being passed by this Court.
6. Heard the learned counsel on either side and perused the materials available on record.
7. Considering the limited prayer sought for by the learned counsel for the petitioner, this Court without going into the merits of the case issues direction to the fifth respondent to consider the petitioner's representation dated 22.11.2024 on merits, in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.
8. This writ petition is disposed of with the aforesaid observation and direction. No costs.
20.02.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No Page No.5 of 7
J.SATHYA NARAYANA PRASAD,J.
vm To:
1.The Additional Chief Secretary, Department of Rural Development and Panchayat Raj, Fort St.George, Chennai - 600 009.
2.The District Collector, Ranipet District Collector Office, Ranipet.
3.The Tahsildar, Arakkonam Taluk Office, Page No.6 of 7
Ranipet District.
4.Block Development Officer, Arakkonam Union, Ranipet District.
5.The Panchayat President, Thangipolur Panchayat, Arakkonam Taluk, Ranipet District.
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