N.K.Sathishkumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.03.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.K.Sathishkumar ...
Petitioner -Vs1.The District Collector District Collector Office Salem.
2.The Managing Director The Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai Chepauk, Chennai - 600 005.
3.The Superintending Engineer The Tamil Nadu Water Supply and Drainage Board, Asthampatti, Salem.
4.The Executive Engineer (Maintenance Division) The Tamil Nadu Water Supply and Drainage Board, Salem-7.
5.The Assistant Executive Engineer The Tamil Nadu Water Supply and Drainage Board Edappadi, Salem District.
6. Sri Maruthi Constructions Rep.by its Manager 1/248, Rajaganapathi Complex 2nd Floor, Meyyanur Road Near BSNL Office Salem-636 004.
... Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to complete the construction work of water tank (OHT) in Survey No.212/57-1 at Natchampatti Village (Back side of Vinayagar Temple), Elavampatti, Selavadai Post, Omalur Taluk, Salem District based on the petitioner's representation dated 20.03.2023 within the time limit to be stipulated by this Hon'ble Court.
For the Petitioner :
Mr.Gunasekaran For the Respondents :
Mr.P.Muthukumar, 1 to 5 State Government Pleader
ORDER
(Made by the Hon'ble Acting Chief Justice) This writ petition is filed for the issuance of a Writ of Mandamus directing the respondents to complete the water tank (OHT) in Survey No.212/57-1 at Natchampatti Village (Back side of Vinayagar Temple), Elavampatti, Selavadai Post, Omalur Taluk, Salem District based on the petitioner's representation dated 20.03.2023.
2. Learned State Government Pleader appearing for the respondents 1 to 5 placed before us the written instructions dated 31.03.2023 given by the Executive Engineer, TWAD, Maintenance Division, Edappady and submitted that, when action was taken to construct the water tank in Survey No.212/57-1 at Natchampatti Village backside of Vinayagar Temple, there was a hue and cry and therefore in view of the objections raised not to construct the Overhead Tank, the site was inspected by the Executive Engineer, TWAD Maintenance Division, Edappady on 13.03.2023. The officials were not able to convince the objectors and the situation seems to lead to law and order problem and therefore, the work was temporarily stopped to arrive at an amicable solution.
3. A resolution was passed by the Edappady Panchayat on 26.01.2023 and based on such resolution, the work was commenced on 07.03.2023. But when the work came upto the foundation level, some of the miscreants created the problem. When a resolution is passed by the Panchayat based on which the water tank is going to be constructed, some people cannot take law in their own hands and
create such issues. Hence, the writ petition is allowed, giving directions to the respondents to commence the construction and complete the same as expeditiously as possible. There will be no order as to costs. Consequently, WMP No. is closed. (T.R., ACJ.) (D.B.C., J.) 31.03.2023 Index : Yes/No : Yes/No kst To 1.The District Collector District Collector Office Salem.
2.The Managing Director The Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai Chepauk, Chennai - 600 005.
3.The Superintending Engineer The Tamil Nadu Water Supply and Drainage Board, Asthampatti, Salem.
4.The Executive Engineer (Maintenance Division) The Tamil Nadu Water Supply and Drainage Board, Salem-7.
5.The Assistant Executive Engineer The Tamil Nadu Water Supply and Drainage Board Edappadi, Salem District.
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(kst) 31.03.2023