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Madras High CourtWP/6412/2020disposed of

M.I.Nagore Meeran v. The State Rep. By

2021-02-03Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.6412 of 2020 M.I.Nagore Meeran ..Petitioner -vs1. The State, rep. by The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 9.

2. The Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 9.

3. The Secretary, Local Administration, (In-charge of Water Resources and Municipal Administration), Government of Tamil Nadu, Fort St. George, Chennai - 9.

4. The Principal Chief Engineer, Water Resources (PWD), Chepauk, Chennai - 5.

5. The District Collector,

6. The Commissioner, Palladam Municipality, Palladam, Tiruppur District.

7. The Executive Engineer, (Water Resources)

8. The Thashildar, Palladam, .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to regularly maintain, restore, clean and deepen the pond situated at Anna Nagar, Palladam Taluk, Tiruppur by considering the petitioner's representation dated 16.1.2020 within the time stipulated by this Hon'ble Court. For Petitioner : Mr.I.Abdul Basith For Respondents : Mr.K.S.Suresh Government Advocate for respondent Nos.1 to 5 : Mr.A.S.Thambusamy for respondent No.6

ORDER

(Order of the Court was made by Senthilkumar Ramamoorthy, J.) This writ petition pertains to the maintenance of a pond situated at Anna Nagar, Palladam Taluk, Tiruppur District. The petitioner complains that no action was taken in spite of the receipt of the representation dated 16.01.2020.

2. In several cases of this nature, this Court observed that it is not inclined to exercise discretionary jurisdiction in public interest litigation unless the matter involves significant impact on the larger public interest.

3. Accordingly, without examining the merits of such representation, the official respondents concerned are directed to consider and dispose of the representation dated 16.01.2020 by a speaking order within a period of six weeks from the date of receipt of a copy of this order. In the event the writ petitioner is aggrieved by such decision, it is open to the writ petitioner to pursue his remedies in accordance with law,

otherwise than by a public interest litigation, after establishing his locus standi in that regard.

4. W.P.No.6412 of 2020 is disposed of on the above terms. There will be no order as to costs.

Sd/- Assistant Registrar //True Copy// bbr Sub Assistant Registrar To:

1. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 9.

2. The Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 9.

3. The Secretary, Local Administration, (In-charge of Water Resources and Municipal Administration), Government of Tamil Nadu, Fort St. George, Chennai - 9.

4. The Principal Chief Engineer, Water Resources (PWD), Chepauk, Chennai - 5.

5. The District Collector,

6. The Commissioner, Palladam Municipality, Palladam, Tiruppur District.

7. The Executive Engineer, (Water Resources)

8. The Thashildar, Palladam, +1cc to Mr.I.Abdul Basith, Advocate, S.R.No.5725 +1cc to the Government Pleader, S.R.No.5889 W.P.No.6412 of 2020 bs(CO) rv(16/02/2021)