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Madras High CourtWP/8892/2020disposed of

Manjaputhur Eri Pasanaharargal v. The Govt. Of Tamil Nadu

2020-07-07Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.8892 of 2020 and W.M.P.No.10811 of 2020 (Heard Through VC) Manjaputhur Eri Pasanadharargal Sangam, Reg. No.SRG/Kallakuruchi/36/2020 rep. by its Secretary Mr.Periyasamy, S/o.Muthusamy, Manjaputhur, ..

Petitioner Vs.

1. The Government of Tamil Nadu Rep. by its Secretary, Revenue Department, Fort St. George, Chennai-600 009.

2. The District Collector,

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer,

4. The Tahsildar, Kallakurhichi District.

5. The Assistant Engineer, Erigation Section, Sankarapuram.

6. The Executive Engineer, Water Sources Department, Vellaru Drainage Basic Division, Virudhachalam.

7. District Registrar, Registration Department,

8. Mr.Manivannan, S/o.Arunachalam, President of Vadasettiyandhal Anaikattu Aaru Eri Pasanadhaaragal Sangam, Vadasemapalayam Village, Manjaputhur Post,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the fifth respondent to consider and pass orders on the representation dated 07.06.2020 made by the petitioner. For Petitioner :

Mr.P.Manish For Respondents:

Mr.Surinarayanan, Additional Government Pleader for RR 1 to 7

ORDER

With the consent of the learned counsel for the petitioner and the learned Additional Government Pleader, this writ petition is taken up for final hearing at the admission stage itself through Video Conferencing.

2. In view of the following order, this Court proposes to pass, no notice needs to be served on the eighth respondent.

3. The petitioner Sangam claims to be a registered one and it has more than 150 farmers as members on its roll. It is claimed that they were only carrying out the repair and renovation work of Vadachettiyandhal Anaikattu, Aaru and Lake to be done by the Water Sources System under the Public Works Department and now the Government have sanctioned funds for carrying out the work of maintenance of Waterbodies under the "Kudimaramathu Scheme", which would be done with the participation of the local farmers. The petitioner also stated that when its members were bonafidely waiting for participating in the work, being the farmers of the locality, suddenly, one Manivannan, who is not an agriculturist, claiming to be President of the eighth respondent Sangam conducted pooja on 06.06.

2020, for commencing the said maintenance work under the Mahatma Gandhi National Rural Employment Guarantee Act and hence, objecting to the same, the petitioner Sangam sent representations dated 07.06.2020 and 22.06.2020 to the fifth respondent, which yielded no response. Hence, the petitioner is before this Court.

4. Heard both sides.

5. The petitioner Sangam claims that the local farmers are members of the Sangam and that they are only entitled for doing the Kudimaramathu work. The eighth respondent also claims to be a Pasanadhaaragal Sangam. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the fifth respondent to consider the petitioner Sangam's representations dated 07.06.2020 and 22.06.2020 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and other interested parties, including the eighth respondent Sangam and by affording an opportunity of personal hearing to the concerned parties or otherwise considering their written objections and after verifying the relevant documents, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar gg To

1. The Secretary,Government of Tamil Nadu Revenue Department, Fort St. George, Chennai-600 009.

2. The District Collector,

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer,

4. The Tahsildar, Kallakurhichi District.

5. The Assistant Engineer, Erigation Section, Sankarapuram.

6. The Executive Engineer, Water Sources Department, Vellaru Drainage Basic Division, Virudhachalam.

7. District Registrar, Registration Department, W.P.No.8892 of 2020 BR(CO) SP(30/07/2020)