Madras High CourtWP/17602/2015disposed of

Porasakuruchi Village v. The District Collector

2015-06-22Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 22.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.17602 of 2015 Porasakuruchi Village Panchayat Thyagadurgam Union Kallakurichi Taluk Villupuram District Rep by its President K.Veeramuthu ... Petitioner

Versus

1 The District Collector Villupuram District Villupuram 2 The Revenue Divisional Officer Kallakuruchi Taluk Villupuram District 3 The Block Development Officer Thyagadurgam Panchayat Union Villupuram District 4 The Tahsildar Kallakuruchi Taluk Villupuram District 5 The Sub Inspector of Police Varanjaram Police Station Kallakuruchi Taluk Villupuram District 6 Ramasamy 7 T.Marimuthu 8 K.Ramalingam .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondents 1 to 5 to consider the representation dt 18.4.2015 22.4.2015 2.6.2015 submitted by the petitioner Village Panchayat to take appropriate legal action for completing the construction of drainage channel along side at Nadutheru of Porasakuruchi Village Panchayat and Post Thyagadurgam Union Kallakurichi Taluk Villupuram District by restoring the road vested with Panchayat within a time frame to be fixed by this Honourable Court.

For Petitioner : Mr.G.Sankaran For Respondents : Mrs.P.Rajalakshmi (for R1, 2, 4 & 5) Government Advocate Mr.R.Ravichandran (for R3) Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner claims that he was elected as the Panchayat President of Porasakurichi Village Panchayat and Post, Thyagadurgam Union, Kallakurichi Taluk, Villupuram District in the local body election conducted during October 2011 and would further claim that he has rendered tireless and meritorious service for the welfare of the people of the locality.

3. It is further stated by the petitioner that the 1st respondent has issued orders on 07.02.2014, according administrative sanction to carry out several works in 40 village Panchayats coming under the said Union and in respect of Porasakurichi Village Panchayat, six works were sanctioned, which include construction of drainage channel along Middle Street (Nadutheru), which is also called as Theradi Theeru and tender was also floated and the work is to be completed before 31.03.2014.

4. It is the specific case of the petitioner that at the instance of private respondents 6 to 8, obstruction has been put up, holding that the construction of drainage work is taking place right in front of their house and the petitioner, in this regard, has submitted a complaint to the 5th respondent as well as submitted a representation dated 02.06.2015 to the 1st respondent. Though, it has been received, he has not been favoured with any response, hence, came forward to file this writ petition.

5. The learned counsel appearing for the petitioner would submit that the 3rd respondent has addressed a communication dated 23.04.2015 to the 2nd respondent to find out the whether the land in which the drainage channel is being constructed, belongs to local body or private respondents and also marked a copy of the said letter to the 1st respondent also and prays for appropriate orders.

6. The Court heard the submissions of Mrs.P.Rajalakshmi, learned Government Advocate, who accepts notice for respondents 1, 2, 4 and 5 and Mr.R.Ravichandran, learned Additional Government Pleader, who accepts notice for the 3rd respondent.

7. This Court, taking into consideration the above facts and circumstances and without going into the merits of the claim projected in this writ petition, directs the 1st respondent to consider the petitioner representation dated 02.06.2015, in accordance with law, after putting on notice the private

respondents 6 to 8 and pass orders, as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the private respondents 6 to 8.

8. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ars To 1 The District Collector Villupuram District Villupuram 2 The Revenue Divisional Officer Kallakuruchi Taluk Villupuram District 3 The Block Development Officer Thyagadurgam Panchayat Union Villupuram District 4 The Tahsildar Kallakuruchi Taluk Villupuram District 5 The Sub Inspector of Police Varanjaram Police Station Kallakuruchi Taluk Villupuram District +1cc to Mr.G. Sankaran, Advocate, S.R.No.30699 +1cc to the Government Pleader, S.R.No.30577 KJI(CO) EU(02/07/2015) W.P.No.17602 of 2015