Madras High CourtWP/19524/2023disposed of

K.Thiruppathi v. State Of Tamil Nadu

2023-07-04Honourable Mr Justice S. Sounthar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.19524 of 2023 and WMP.Nos.18781 & 18782 of 2023 K.Thiruppathi

...Petitioner

Vs.

1.State of Tamil Nadu Rep.by its Principal Secretary Rural Development and Panchayat Raj Department/Secretariat Chennai 600 009.

2.The Commissioner Rural Development and Panchayat Raj Department Panahal Maligai Chennai 600 015.

3.The Collector/Chairman District Rural Development Agency Kallakurichi 606 202.

4.The Project Director District Rural Development Agency Kallakurichi 606 202.

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5.The Block Development Officer (V.pts) Sankarapuram Union Office Kallakurichi 606 202.

6.Union Engineer Sankarapuram Union Office Sankarapuram Taluk Kallakurichi District.

7.The President Thiyagarajapuram Village Panchyat Sankarapuram PIN 606 401.

8.The Block Development Officer (V.pts.) Union Office Sankarapuram PIN 606 401.

9.Union Engineer Union Office Sankarapuram PIN 606 401.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling the records pertaining to the order of the third respondent made in Na.Ka.No.A9/1432/2022 dated 26.10.2022 in so far as the Village of Thiyagarajapuram is concerned and 2/8

quash the same consequent to direct the third respondent to allot funds accordingly and rejuvenate two ponds available in the Village of Thiyagarajapuram bearing Survey Nos.64/3 & 64/7. For Petitioner : Mr.R.Malaichamy For Respondents : Mrs.S.Anitha for R1 to R3 Special Government Pleader : Mr.T.Seenivasan for R4 to R9 Special Government Pleader

O R D E R

The petitioner herein has come up with this writ petition challenging the order passed by the third respondent dated 26.10.2022, wherein no funds have been allotted for rejuvenation of water bodies in Thiyagarajapuram Village and for consequential directions to the third respondent to allot funds for rejuvenation of two ponds available in S.Nos.64/3 and 64/7 situated in Thiyagarajapuram Village, based on the representation of the petitioner.

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2. Mrs.S.Anitha, learned Special Government Pleader takes notice for the respondents 1 to 3 and Mr.T.Seenivasan, learned Special Government Pleader takes notice for the respondents 4 to 6.

3. Though the writ petitioner filed the Writ Petition challenging the order passed by the third respondent dated 26.10.2022, when the writ petition was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if directions are issued to the third respondent to consider his representation dated 15.04.2023 on merits. The petitioner herein in his representation dated 15.04.2023 to the respondents 1 & 2 brought to the notice of the concerned respondents the existence of two ponds in the Thiyagarajapuram Village. He also requested the respondents 1 & 2 to allot sufficient funds for rejuvenation of water bodies in their Village. A copy of the representation was marked to the third respondent namely, District Collector/Chairman, District Rural Development Agency.

4. The learned Special Government Pleader appearing for the respondents 1 to 3 submits that the third respondent is the Competent 4/8

Authority to allot funds and therefore, the representation can be considered only the third respondent.

5. In view of the limited prayer made by the writ petitioner, the third respondent is directed to consider the representation of the petitioner dated 15.04.2023 on merits and pass final orders within a period of 8 weeks from today in accordance with law.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 04.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 5/8

To 1.The Principal Secretary Rural Development and Panchayat Raj Department/Secretariat Chennai 600 009.