Madras High CourtWP/22519/2018disposed of

P.Venkatesalu, v. The District Collector

2018-09-18Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.22519 and 22520 of 2018 P.Venkatesalu ... Petitioner in W.P.No.22519 of 2018 K.Balaji ... Petitioner in W.P.No.22520 of 2018 Vs 1.The District Collector, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer, Ponneri Revenue Division, Ponneri 601 204, Tiruvallur District.

3.The Tahsildar, Ponneri Taluk Office, Ponneri 601 204, Tiruvallur District.

4.The Executive Engineer, Public Works Department (WRD), Kosasthalaiyar River Division, Tiruvallur District, Tiruvallur.

5.The Assistant Executive Engineer, Public Works Department (WRD), Kosasthalaiyar Sub-division, Redhills, Chennai 600 052.

6.The Assistant Engineer, Kosasthalaiyar Irrigation Section, Sholavarami 600 067, Ponneri Taluk, Tiruvallur District.

7.The Chairman, (TANTRANSCO), NO.144, Anna Salai,

8.The Chief Engineer, (TANTRANSCO), No.144, Anna Salai, 9.The Superintending Engineer, (TANTRANSCO), Transmission Line, Guindy, Chennai 600 032.

10.The Superintending Engineer, General Construction Circle, A-10, T.V.K.Industrial Estate, Guindy, Chennai 600 032.

Respondents in both W.Ps PRAYER in both W.Ps: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 5 to consider the representation of the petitioners, dated 23.01.2018 and to restore the Kosasthaliyar River bund, which was breached on 02.11.2017 and to strengthen the same properly from any further breach or erosion in future and also to restore and level the petitioners' land, comprised in Survey Nos.1/1, 1/2A and 3/2, situated at Karanodai Village, Ponneri Taluk, Tiruvallur District by filling mud, so as to enable the petitioners to use the land for agricultural purpose. For Petitioners : Mr.R.Munuswamy For Respondents : Mr.J.

Ramesh, Additional Government Pleader CO M M O N O R D E R The petitioners have come up with these writ petitions seeking a direction to the respondent Nos.1 to 5 to consider the representation of the petitioners, dated 23.01.2018 and to restore the Kosasthaliyar River bund, which was breached on 02.11.2017 in the petitioners' land situated at Karanodai Village, Ponneri Taluk, Tiruvallur District.

2. According to the learned counsel for the petitioners, the petitioners have submitted a representation dated 23.01.2018, to the respondents, claiming the same relief as prayed in this writ petition, but, the said representation is yet to be disposed of by the respondents. However, the learned counsel submitted that it would suffice, if the representation dated 23.01.2018 made by the petitioners is directed to be considered by the respondents, on merits.

3. Mr.J.Ramesh, learned Additional Government Pleader appearing for the respondents, submitted that the fourth respondent may be directed to consider the petitioners'

representation dated 23.01.2018 and pass orders in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, this Court directs the fourth respondent to consider the petitioners' representation dated 23.01.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioners as well as any of the interested parties, within a period of two weeks from the date of receipt of a copy of this order.

5. Accordingly, these writ petitions stand disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gsk To 1.The District Collector, Tiruvallur District, Tiruvallur.