Venkata Krishnan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.5813 of 2018 Venkata Krishnan

...Petitioner

Vs.

1. The District Collector, O/o The District Collector, Cuddalore District, Cuddalore.

2. The Executive Engineer, Public Works Department, Virudhachalam.

3. The Block Development Officer, Kattumannar Koil, Cuddalore District.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 3rd respondent to consider the representation of the petitioner dated 09.12.2017 and reminder on 10.01.2018. For Petitioner : Mr.T.Sivagnanasambandan For Respondents: Mr.B.Anand,G.A. (for RR1 & 2) Mr.J.Purushothaman, G.A. (for R3)

ORDER

Heard the learned counsel for the petitioner, the learned Government Advocate appearing for the respondents 1 and 2 and the learned Government Advocate appearing for the 3rd respondent. By consent of both sides, the Writ Petition is taken up for final disposal.

2. The case of the petitioner is that he owns 15 acres of land in Survey Nos. 143, 144 and 146 at Sri Neduncheri Village in Cuddalore District. The petitioner would state that near the land of the petitioner, a lake is situated in Survey No. 145 and during Rainy Season, surplus water flows in the Channel constructed in Survey No.142/7. As the Channel was not properly https://hcservices.ecourts.gov.in/hcservices/

maintained, the property of the petitioner was damaged. Hence, he gave a representation to the respondents to maintain the said Channel. Since no action was taken, the present Writ Petition.

3. A perusal of the typed set of papers would reveal that the petitioner had given representations to the respondents 2 and 3, however, no action was taken. It is also found that the petitioner did not give any representation to the 1st respondent.

4. The learned Government Advocate for the respondents 1 & 2 would submit that if the petitioner give a representation to the 1st respondent, they are ready to take action in accordance with law.

5. In the light of the above facts and submission of the learned Government Advocate, this Court, directs the petitioner to give fresh representation to the 1st respondent, within a period of two weeks, by enclosing a copy of this order. On such compliance, the 1st respondent shall take appropriate action, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

6. With the above observation and direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar pvs To

1. The District Collector, O/o The District Collector, Cuddalore District.

Cuddalore.

2. The Executive Engineer, Public Works Department, Virudhachalam.

3. The Block Development Officer, Kattumannar Koil, Cuddalore District.

+1 cc to the Govt pleader sr 20947 WP.No.5813 of 2018 sai(co) aa04/04/2018 https://hcservices.ecourts.gov.in/hcservices/