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Madras High CourtWP/22764/2017disposed of

K.M.Singaram v. The District Collector

2017-08-24Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.22764 of 2017 and W.M.P.No.23887 of 2017 1.K.M.Singaram 2.K.Sundaram 3.P.Natesan 4.M.Selvam 5.M.Mathiazhagu 6.K.Palanisamy 7.K.S.Muthukumar 8.P.R.S.Mani ... Petitioners Vs.

1. The District Collect5or, Namakkal District, Thiruchengode Road, Namakkal District - 637 003.

2. The Revenue Divisional Officer, Thiruchengode Taluk, Opp to Tiruchengode Municipality, Namakkal District - 637 211.

3. The Tahsildar, Kumarapalayam Taluk, Kumarapalayam, Namakkal District.

4. Vivekanandan

5. C.Palaniappan

6. N.Periasamy ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents 1 to 3 to consider the representation of the petitioners dated 18.04.2017 in accordance with law. For Petitioners : Mr.K.Govi Ganesan For Respondents : Mr.Era Premnath, Government Advocate (R1 to R3)

O R D E R

Mr.Era Premnath, learned Government Advocate takes notice for the respondents 1 to 3. By consent, the main writ petition is taken up for disposal at the admission stage itself. 2.The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents 1 to 3 to consider the representation of the petitioners dated 18.04.2017 in accordance with law.

3.The learned counsel appearing for the petitioners submitted that the respondents 4 to 6 have illegally erected bore-well in their lands and drawing water and selling it for commercial purpose. Due to the said illegal activity, the Well/Bore-well of the petitioners' agricultural lands have dried up. In these circumstances, the petitioners have given representation to the respondents 1 to 3 on 18.04.2017 to take appropriate action. However, the respondents have not taken any action against the respondents 4 to 6.

4.Mr.Era Premnath, learned Government Advocate appearing for the respondents 1 to 3 submitted that the 1st respondent may be directed to consider the petitioners' representation and pass orders in accordance with law within a period of two weeks. 5.In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to consider the petitioners' representation dated 18.04.2017 and pass orders in accordance with law, after giving notice to the respondents 4 to 6, within a period of two weeks from the date of receipt of a copy of this order.

6.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar va

To

1. The District Collect5or, Namakkal District, Thiruchengode Road, Namakkal District - 637 003.

2. The Revenue Divisional Officer, Thiruchengode Taluk, Opp to Tiruchengode Municipality, Namakkal District - 637 211.

3. The Tahsildar, Kumarapalayam Taluk, Kumarapalayam, Namakkal District.

+1cc to M/s.K.Govi Ganesan, Advocate, S.R.No.61431 +1cc to the Government Pleader, S.R.No.61709 W.P.No.22764 of 2017 and W.M.P.No.23887 of 2017 AR(CS IV) CU(29/08/2017)