Madras High CourtWP/13965/2015disposed of

Annamalai v. The District Collector

2015-05-13Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 13.05.2015

CORAM

THE HON'BLE MR. JUSTICE R.SUBBIAH W.P.No.13965 of 2015 Annamalai ... Petitioner

Versus

1 The District Collector Villupuram District Villupuram 2 The Tahsildar Tindivanam Taluk Villupuram District 3 Block Development Officer Olakkur Panchayat Union Olakkur Tindivanam Taluk Villupuram District 4 The Village President Olakkur Village Tindivanam Taluk Villupuram District ... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondents to consider the petitioners representations on merit in accordance with law dated 7.4.2015 and 13.4.2015 and also further directing the 4th respondent not to construct Water Tank till pending disposal of the petitioners representation. For Petitioner : Mr.J.Venkatraman For Respondents : Mr.R.Vijaya Kumar Additional Government Pleader.

O R D E R

This writ petition has been filed for a mandamus directing the respondents to consider the petitioner's representations dated 07.04.2015 and 13.04.2015 on merits and in accordance with law.

2. In the affidavit, it has been stated that in the month of February 2015, the petitioner planned to construct a house in his land comprised in S.No.224/50, Gramanatham, admeasuring to an https://hcservices.ecourts.gov.in/hcservices/

extent of 2 1⁄2 cents. Whileso, the 4th respondent intentionally without passing any resolution in the Grama Sabha Committee planned to construct a water tank in the petitioner's property. Hence, the petitioner sent two representations dated 07.04.2015 and 13.04.2015, requesting the respondents to change the place of construction of the water tank. As the said representations were not considered, the petitioner has filed the present writ petition for a mandamus to direct the respondents to consider his representations.

3. Considering the averments made in the affidavit, I am of the opinion that appropriate direction may be given to respondents to consider the petitioner's representations. Accordingly, the 1st respondent, is directed to consider the said representations on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar(CS II)/ Vacation Officer //True Copy// Sub Assistant Registrar va/ars To

1. The District Collector, Villupuram District, Villupuram

2. The Tahsildar, Tindivanam Taluk, Villupuram District

3. The Block Development Officer, Olakkur Panchayat Union, Olakkur, Tindivanam Taluk, Villupuram District

4. The Village President Olakkur Village, Tindivanam Taluk, Villupuram District +1cc to Mr.J.Venkatraman, Advocate, S.R.No.25087 W.P.No.13965 of 2015 SSI(CO) CA(21/05/2015) https://hcservices.ecourts.gov.in/hcservices/