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Madras High CourtWP/10979/2022disposed of

K.Chellappan v. The District Collector

2022-06-06Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.10979 of 2022 K.Chellappan

...Petitioner

vs.

1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Vikravandi Taluk, Vikravandi, Villupuram District.

3.Raji

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of a writ of Mandamus, directing the first and second respondents herein to protect the water drain/ canal runs through the petitioner's patta land by considering the petitioner's representation dated 26.03.2022.

For Petitioner :

Mr.C. Munusamy For Respondents : Mr.K.H. Ravikumar Special Government Pleader for R1 & R2

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to consider the petitioner's representation dated 26.03.2022 requesting the official respondents to protect the water drain / canal which runs through the petitioner's patta land which is now being attempted to be destroyed according to the petitioner by the 3rd respondent. The petitioner has given the aforementioned representation but since the said representation has not been considered till date, he has filed this writ petition.

https://hcservices.ecourts.gov.in/hcservices/

3. Heard Mr.C.Munusamy, learned counsel for the petitioner and Mr.K.H. Ravikumar, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2.

4. The petitioner's apprehension is that the water drain / canal which runs through his land is now being attempted to be destroyed by the 3rd respondent.

5. No prejudice will be caused to the respondents that if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner and the 3rd respondent and any other necessary party whom the official respondent deems it fit to enquire.

6. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on the petitioner's representation dated 26.03.2022 requesting the official respondents to protect the water drain / canal which runs through the petitioner's patta land which according to the petitioner is now being attempted to be destroyed by the 3rd respondent, within a period of twelve weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner as well as the 3rd respondent and any other necessary party, whom the 3rd respondent deems fit to enquire including granting them the right of personal hearing.

7. With the aforesaid direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar vsi2 To 1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Vikravandi Taluk, Vikravandi, Villupuram District.

+1cc to Government Pleader SR. No. 33086 W.P.No.10979 of 2022 GPL (CO) PR (14/06/2022) https://hcservices.ecourts.gov.in/hcservices/