Mr.M.Vijayaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABABBU W.P.No.15837 of 2017 and W.M.P No.17148 of 2017 M.Vijayaraj ... Petitioner Vs.

1. District Collector, Tiruvannamalai - 606 604.

2. The Revenue Divisional Officer, Tiruvannamalai Sub-Division, Tiruvannamalai - 606 604

3. The Tahsildar, Keelpennathur Taluk, Tiruvannamalai - 604 601

4. The Assistant Director, Geology and Mining Department, Tiruvannamalai - 606 604

5. The Inspector of Police, Vettavalam Police Station, Tiruvannamalai - 606 754.

6. Mr.Kuppusamy ... Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to pass an order on the basis on the representation made by the petitioner dated 15.05.2017. For Petitioner : Mr.N.Kumar Rajan For Respondents : Mr.C.Jagdish, Special Government Pleader for R1 to R5

O R D E R

Mr.C.Jagadish, learned Special Government Pleader takes notice for the respondents 1 to 5. Since this writ petition is disposed of without affecting the interest of the 6th respondent directly in any manner, as of now, notice to the said respondent is dispensed with.

2. The petitioner seeks for a mandamus directing the respondents to pass orders, based on the representation made by the petitioner dated 15.05.2017, wherein and whereby, he made objections against the deepening of the well belonging to the 6th respondent through explosives, which according to the petitioner would cause danger to their life and property. Ventilating such grievance, the petitioner made such objection on 09.05.2017.

3. This Court, at this stage, is not expressing any view on the claim made by the petitioner as it is for the concerned respondents, more particularly, the 2nd respondent to look into the grievance of the petitioner and pass order after hearing the 6th respondent as well. Therefore, this writ petition is disposed of, only with a direction to the 2nd respondent to dispose of the representation of the petitioner dated 15.05.2017 and pass orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the 6th respondent. Such exercise shall be done by the 2nd respondent within a period of three weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed to maintain status quo in respect of the deepening of the said well. No costs. Consequently, connected miscellaneous petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsi To

1. The District Collector, Tiruvannamalai - 606 604.

2. The Revenue Divisional Officer, Tiruvannamalai Sub-Division, Tiruvannamalai - 606 604

3. The Tahsildar, Keelpennathur Taluk, Tiruvannamalai - 604 601

4. The Assistant Director, Geology and Mining Department, Tiruvannamalai - 606 604

5. The Inspector of Police, Vettavalam Police Station, Tiruvannamalai - 606 754.

+1cc to Mr.N.Kumar Rajan, Advocate, S.R.No.44233 W.P.No.15837 of 2017 RJ(CO) CA(28/06/2017)