K.A. Prabaharan v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.10822 of 2018 & WMP No.12763 of 2018 K.A.Prabaharan

...Petitioner

Vs.

1. The Collector, Salem.

2. The Director of Town Panchayats, Kuralagam, Chennai - 108.

3. The Assistant Director (Town Panchayats), Salem Region, Salem.

4. The Executive Officer, Kolathur Selection Grade Town Panchayat, Kolathur, Mettur Taluk, Pin 636 303.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to consider the representation of the petitioner dated 05.02.2018 and direct the respondents to complete the previous drainage work properly and thereafter to start the new drainage work from Kolathur Check post to Kolatur Panchayat office.

For Petitioner : M/s.V.Elangovan For Respondents : Mr.V.Shanmuga Sundar, Spl.G.P. (for RR1 to 3) Mr.S.Suresh Kumar, G.A. (for R4)

ORDER

Mr.V.Shanmuga Sundar, learned Special Government Pleader takes notice for the respondents 1 to 3 and Mr.S.Suresh Kumar, learned Government Advocate takes notice for the 4th respondent. By consent of the learned counsel appearing for the parties, the Writ Petition is taken up for final hearing at the admission stage itself.

2. The case of the petitioner is that he is practicing as an Advocate and having office just opposite to the office of the Revenue Inspector, Kolathur. In the year 2017, the 4th respondent has undertaken to construct drainage and immediately, the petitioner has vacated the office.

3. The petitioner would allege that the contractor has not properly constructed the drainage and it is not being properly maintained by the 4th respondent. Hence, he gave representation to the 4th respondent on 05.02.2018. Since no action was taken, the present Writ Petition.

4. The learned counsel for the petitioner submitted that the petitioner would be satisfied, if a direction is issued to the 4th respondent to consider the representation of the petitioner.

5. The learned Standing Counsel for the 4th respondent submitted that he is ready to consider the grievance expressed by the petitioner.

6. In the light of the submissions of the learned counsels on either side, this Court, without going into the merits of the case, directs the 4th respondent to consider the representation of the petitioner dated 05.02.2018, and 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.

7. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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

1. The Collector, Salem.

2. The Director of Town Panchayats, Kuralagam, Chennai - 108.

3. The Assistant Director (Town Panchayats), Salem Region, Salem.

4. The Executive Officer, Kolathur Selection Grade Town Panchayat, Kolathur, Mettur Taluk, Pin 636 303.

+1 cc to Mr.V.Elangovan Advocate sr 31682 WP.No.10822 of 2018 rjl(co) aa28/04/2018