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Madras High CourtWP/31356/2017disposed of

R. Prabagaran v. The District Collector

2017-12-08Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2017 CORAM :

THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM AND THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.31356 of 2017 R.Prabagaran .. Petitioner vs.

1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Superintendent of Police, Kancheepuram District, at Kancheepuram.

3.The Revenue Divisional Officer, Thirukalukundram Taluk at Chengalpattu, Kancheepuram District.

4.The Tahsildar, Thirukalukundram Taluk Thirukalukundram, Kancheepuram District.

5.The Executive Engineer, Public Works Department, Kancheepuram District at Kancheepuram.

6.Sambandam .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, directing the fourth respondent to consider the petitioner's representation dated 21.08.2017 thereby to take necessary steps to put up a parapet wall around the open well digged by Mr.M.Sambandam in order to safe guard the life of School going children, elderly persons and cattle and also direct Mr.M.Sambandam to stop the water drawing from the well for his illegal gain to supply the water for outside irrigation.

For Petitioner : Mr.A.Ramu For Respondents : Mr.T.N.Rajagopalan Government Pleader (I/C)

O R D E R

(Order of this Court made by T.S.Sivagnanam,J.) The petitioner is before this Court by way of this Public Interest Litigation seeking for a direction upon the 4th respondent to take necessary steps to compel the 6th respondent to put up a parapet wall around the open well which is situated in hte property owned by the 6th respondent.

2.The photograph produced in the typed set of papers shows that it is a huge well though situated in a private property, the property does not have a compound wall and in the photograph, a couple of school children are peeping inside the well. Though the well is situated in a private property owned by the 6th respondent, since there is a likelihood some untoward incident may occur.

3.Since the property is not covered with a compound wall, we direct the petitioner to submit a fresh representation along with a copy of this order to the 4th respondent, who shall immediately direct one of his official to inspect the site and take necessary action as expeditiously as possible, preferably within a period of two weeks from the date on which the representation is submitted. Accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar cse To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Superintendent of Police, Kancheepuram District, at Kancheepuram.

3.The Revenue Divisional Officer, Thirukalukundram Taluk at Chengalpattu, Kancheepuram District.

4.The Tahsildar, Thirukalukundram Taluk Thirukalukundram, Kancheepuram District.

5.The Executive Engineer, Public Works Department, Kancheepuram District at Kancheepuram.

+1cc to Mr.A.Ramu, Advocate, S.R.No.87180 +1cc to the Government Pleader, S.R.No.87453 W.P.No.31356 of 2017 RRK(02/01/2018)