Srinivasan v. The Disrict Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2022 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.9051 of 2022 Srinivasan .. Petitioner Vs.

1. The District Collector, Coimbatore District, Coimbatore - 641 018.

2. The Assistant Director of Town Panchayat, Coimbatore Zone, Coimbatore District.

3. The Chairman/Executive Officer, Annur Town Panchayat, Coimbatore District.

.. Respondents Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to construct drainage facilities in Dharmar Street, Kadaiveedi, Pallivasal, Annur Town Panchayat by considering the representation dated 04.10.2018.

For Petitioner : Mr.R.Prabakar For Respondents : Mr.P.Muthu Kumar, Government Pleader

O R D E R

(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The petitioner has filed the above Writ Petition as a Public Interest Litigation to issue a Writ of Mandamus to direct the respondents to construct drainage facilities in Dharmar Street, Kadaiveedi, Pallivasal, Annur Town Panchayat by considering the representation dated 04.10.2018.

2.It is the case of the petitioner that though a representation was given as early as on 04.10.2018 to the Hon'ble Speaker of the Legislative Assembly, no steps have been taken to construct the drainage so far.

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3.Mr.P.Muthu Kumar, learned Government Pleader taking notice for the respondents submitted that since the petitioner has given his representation to the Hon'ble Speaker of the Legislative Assembly, the respondents had no occasion to consider the same.

4.The learned counsel for the petitioner submitted that the petitioner may be given liberty to give a fresh representation to the 1st respondent/the District Collector and on submission of the same, the 1st respondent may be directed to pass orders in accordance with law.

5.Having regard to the submissions made by the learned counsel on either side, we give liberty to the petitioner to give a fresh representation to the 1st respondent within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the 1st respondent is directed to consider the representation to be submitted by the petitioner and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of submission of the representation by the petitioner.

6.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar va To

1. The District Collector, Coimbatore District,Coimbatore - 641 018.

2. The Assistant Director of Town Panchayat, Coimbatore Zone,Coimbatore District.

3. The Chairman/Executive Officer, Annur Town Panchayat,Coimbatore District.

+1cc to Mr.R.Prabakar, Advocate, S.R.No.26216 W.P.No.9051 of 2022 GSM[co] NSK 22/04/2022 https://hcservices.ecourts.gov.in/hcservices/