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Madras High CourtWP/10621/2023disposed of

Ayyasamy v. The District Collector

2023-04-06Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10621 of 2023 and W.M.P.Nos.10565 & 10566 of 2023

1. Ayyasamy

2. Pandian

3. Rajendiran .....Petitioners Vs

1. The District Collector, Perambular, Tamil Nadu- 621 212.

2. The Tahsildar Office, Vepanhattai, Perambular, Tamil Nadu-621 117.

3. The Block Development Officer, Perambular, Tamil Nadu-621 117. ......Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other order or direction in the nature of writ directing the 3rd respondent to implement the proceedings of the 1st respondent in No.2014/2022/A3 dated 04.11.2022 and construct the

drainage from the Palaiya Maravanatham Pandiyan House to River side Pimbalur Panchayat instead of laying the absorption pipeline in the agricultural water canal by the 3rd respondent herein and spend the money sanctioned as per the proceedings.

For petitioners : M/s.L.Sweety For Respondents : Mr. M.Alagu Goutham, Government Advocate for R1 & R2.

Mr. R.Siddharth, Government Advocate for R3.

ORDER

This Writ Petition has been filed praying to direct the 3rd respondent to implement the proceedings of the 1st respondent dated 04.11.2022 and construct the drainage system from the Palaiya Maravanatham Pandiyan House to River side Pimbalur Panchayat instead of laying the absorption pipeline in the agricultural water canal by the 3rd respondent herein and spend the money sanctioned as per the proceedings.

2. Mr. M.Alagu Goutham, learned Government Advocate takes notice for Respondents 1 & 2, Mr.R.Siddharth, learned Government Advocate takes notice for the 3rd respondent.

3. It is the case of the petitioners that they are the residents of Pimbalur Village wherein, they are carrying out agricultural activities in their respective agricultural lands. On the representations made by the petitioners, proceedings dated 04.11.2022 came to be passed by the 1st respondent directing to construct the drainage system from the Palaiya Maravanatham Pandiyan House to River side Pimbalur Panchayat for which, a sum of Rs.11,25,000/- was also sanctioned by the 1st respondent. However, in contrary to the proceedings of the 1st respondent, as per the instructions of the 3rd respondent, steps are being taken up for laying down an absorption pipeline in the agricultural water canal. Hence, this Writ Petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 3rd respondent herein to implement the proceedings dated 04.11.2022 passed by the 1st respondent and utilize the amount as per the said proceedings.

5. Learned Government Advocate appearing for the 3rd respondent submits that the proceedings dated 4.11.2022 which was passed by the 1st respondent will be implemented within a period of four weeks.

6. In view of the limited relief sought for by the petitioners, this Court without going into the merits of the case, directs the 3rd respondent/Block Development Officer, Veppanthattai, Perambalur District to implement the proceedings dated 4.11.2022 which was passed by the 1st respondent and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stands closed.

06.04.2023 Index : Yes/No Internet : Yes NHS

To

1. The District Collector, Perambular, Tamil Nadu- 621 212.

2. The Tahsildar Office, Vepanhattai, Perambular, Tamil Nadu-621 117.

3. The Block Development Officer, Perambular, Tamil Nadu-621 117.

M.DHANDAPANI, J.

NHS W.P.NO.10621 of 2023 06.04.2023