K.Kalaiselvan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.05.2021

CORAM:

THE HON'BLE Dr. JUSTICE ANITA SUMANTH AND THE HON'BLE Mr. JUSTICE SENTHILKUMAR RAMAMOORTHY WP No.11676 of 2021 and WMP No.12429 of 2021 K.Kalaiselvan ... Petitioner versus 1.The District Collector, O/o.Office of the District Collector, Cuddalore.

2.The District Engineer, Public Works Department, Cuddalore.

3.The Executive Engineer, Public Works Department, Vellaruvadinilaikottam, Virudhachalam, Cuddalore District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus to direct the 3rd respondent to consider the representation of the petitioner dated 2.2.2021.

For Petitioner :

Mr.T.Sivagnanasambandan For Respondents:

Mr.R.Neelakandan, Government Advocate

ORDER

(Order of this Court was made by SENTHILKUMAR RAMAMOORTHY,J.) The petitioner's grievance pertains to the location chosen for the construction of a check dam/thaduppanai .

2. The petitioner states that originally the Perunthurai Panchayat had been selected for such purpose and the location of such check dam was subsequently changed to Periyakottumulai village. Consequently, it is asserted that persons residing in about 15 villages would be affected. In these circumstances, the petitioner submitted a representation on 02.02.2021 to the third respondent, namely, the Executive https://hcservices.ecourts.gov.in/hcservices/

Engineer, Public Works Department Vellaruvadinilaikottam, Virudhachalam. However, no action has been taken pursuant to such representation.

3. Mr.R.Neelakandan accepts notice on behalf of the respondents and submits that the location of such check dam has not been altered as alleged by the petitioner. He, however, states that the representation of the petitioner would be considered and disposed of within the time frame specified by this Court.

4. Accordingly, without examining the merits of the matter, the third respondent herein is directed to consider the representation of the petitioner dated 02.02.2021 and dispose of the same by a reasoned Order within a period of six weeks from the date of receipt of a copy of this Court. Prior to passing such Order, the petitioner shall be provided a reasonable opportunity of hearing.

5. Writ Petition No.11676 of 2021 is disposed of in the above terms. No costs. Consequently, connected Writ Miscellaneous Petition No.12429 of 2021 is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vrc To 1.The District Collector, O/o.Office of the District Collector, Cuddalore.

2.The District Engineer, Public Works Department, Cuddalore.

3.The Executive Engineer, Public Works Department, Vellaruvadinilaikottam, Virudhachalam, Cuddalore District.

+1 cc to Government Pleader Sr.No. 27265 W.P. No.11676 of 2021 and WMP No.12429 of 2021 RK(CO) A.SK(07.07.2021) https://hcservices.ecourts.gov.in/hcservices/