S.Mythili Priya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.04.2023 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Mythili Priya ... Petitioner Vs 1.The District Collector, Coimbatore District, Collector office Campus, Huzur Road, Coimbatore 641018.
2.The Revenue Divisional Officer, Office of North RDO, 50, Venkateswara Nagar, Koundampalayam, Coimbatore 641030.
3. Mr.L.Jayavel ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus or any other writ, order or direction directing the 1st respondent to consider the representation dated 23.01.2023 and take appropriate action against the 3rd respondent herein for illegal ground water extraction for commercial purpose.
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For Petitioner ... Mr.R.B.Kavya For Respondents ... Mr.E.Veda Bagath Singh, Special Government Pleader for R1 & R2
O R D E R
This Writ Petition has been filed for a direction to the 1st respondent to take appropriate action against the 3rd respondent on account of illegal extraction of ground water for commercial purposes by considering the representation dated 23.01.2023 made by the petitioner.
2. Mr.E.Veda Bagath Singh, learned Special Government Pleader takes notice for Respondents 1 & 2.
3. Since, no adverse order is being passed against the 3rd respondent, notice to the 3rd respondent is dispensed with.
4. Alleging extraction of ground water illegally by the 3rd respondent for the commercial use without obtaining any proper license or permission, the petitioner has sent a representation to the 1st respondent on 23.01.2023 Page No:2/6
requesting him to take proper action. The petitioner submits that despite a lapse of 1 1⁄2 months, the 1st respondent has not come forward to even enquire into the matter based on her representation. Hence, she has filed the present Writ Petition.
5. Though very many grounds have been raised, the learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent to consider the petitioner's representation made on 23.01.2023 seeking to take appropriate action against the 3rd respondent for illegally extracting ground water for commercial purpose within the time that may be stipulated by this Court.
6. On the above contention, this Court heard the learned Special Government Pleader appearing for the respondents 1 & 2.
7. In view of the limited relief sought for by the petitioner, this Court without expressing any opinion on the merits of the case, directs the 1st Respondent herein to consider the petitioner's representation dated 23.01.2023 made seeking to complete the construction of storm water drain in the front of Page No:3/6
the petitioner's property and pass appropriate orders on merits after affording an opportunity of personal hearing to the petitioner as well as the 3rd respondent within a period of four weeks from the date of receipt of a copy of this order.
8. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.
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To 1.The District Collector, Coimbatore District, Collector office Campus, Huzur Road, Coimbatore 641018.
2.The Revenue Divisional Officer, Office of North RDO, 50, Venkateswara Nagar, Koundampalayam, Coimbatore 641030.
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M.DHANDAPANI, J NHS 24.04.2023 Page No:6/6