Karatholuvu Amaravathy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.10856 of 2020 Karatholuvu Amaravathy, Rajavaaikal Pasana Vivasyigal Nala Sangam, Rep. By its president Mr.N.Paramasivam No.828C, Angalamman street, Karatholuvu Post, Madathukulam Taluk, Tiruppur District.

...Petitioner

Vs.

1.The District Collector, Tiruppur District.

2.The Assistant Executive Engineer, Public Works Department, Amaravathy Irrigation Zone-3, Amaravathy Nagar, Tiruppur District.

3.Karatholuvu Palayavaaikal Pasana Vivasyigal Nala Sangam, Rep. By its President K.K.Murugesh, Karatholuvu Main Road, Madathukulam Taluk, Tiruppur District.

...Respondents

Prayer .:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to direct the first respondent to consider the petitioner's representation dated 15.07.2020 on merits within a time frame fixed by this court. For Petitioner :

Mr.D.R.Arun Kumar For Respondents :

Mr.D.Suriyanarayanan Additional Government Pleader for R1 and R2 Notice to R3 is dispensed with Page No. 1/4

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

2. Mr.D.Suriyanarayanan, learned Additional Government Pleader takes notice for the respondents 1 and 2. Since this writ petition is being disposed of, without affecting the interest of the third respondent, notice to the said respondent is dispensed with.

3. The petitioner seeks for a direction to the first respondent to consider their representation dated 15.07.2020, wherein and whereby, they sought for allotment of desilting work and other kudimaramathu maintenance work to the petitionerSangam. The grievance of the petitioner is that though they are having majority members with them, the first respondent is not considering their request.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the first respondent to consider and decide. Thus, without expressing any view on the merits of the matter, the writ petition is disposed of only by directing the first respondent to consider the representation of the petitioner dated 15.07.2020 and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as the third respondent and other interested parties, if any. Such exercise shall be done by the first respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vri/mk Page No. 2/4

To 1.The District Collector, Tiruppur District.

2.The Assistant Executive Engineer, Public Works Department, Amaravathy Irrigation Zone-3, Amaravathy Nagar, Tiruppur District.

W.P.No.10856 of 2020 vgII(co) aa30/09/2020 Page No. 3/4