Madras High CourtWP/17423/2017disposed of

T.Kesavan v. The District Collector

2017-07-24Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.Nos.17423 and 17424 of 2017 and W.M.P.Nos.18932 and 18933 of 2017 1 T.Kesavan [Petitioners in W.P.No.17423/17] 2 S.Kandasamy 3 P.Singaravel 4 R.Madhu S/o.Ramasamy 5 M.Muniraj T.Anbazhagan [Petitioner in W.P.No.17424/17] Vs 1 The District Collector Dharmapuri District Dharmapuri 2 The Revenue Divisional Officer Dharmapuri District Dharmapuri 3 The Tahsildar Karimangalam Taluk Dharmapuri District Dharmapuri 4 The Assistant Director of Agriculture Dharmapuri District Dharmapuri 5 The Block Development officer Karimangalam Panchayat Union Dharmapuri Taluk Dharmapuri District [ Respondents] Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to permit the petitioners to use their own choice of mode of Transport for the removal of the Silt/sand including tipper lorry from the water bodies in Dharmapuri District not particularly tractor alone. For Petitioners : Mr.R.Jayaprakash For Respondents : Mr.R.Rajeswaran, SGP

ORDER

Mr.R.Rajeswaran, learned Special Government Pleader takes notice for the respondents. By consent, the main writ petitions are taken up for disposal at the admission stage itself.

2. The petitioners have filed the above writ petitions to issue writs of mandamus directing the respondents to permit them to use their own choice of mode of Transport for the removal of the Silt/sand including tipper lorry from the water bodies in Dharmapuri District not particularly tractor alone.

3. The learned counsel appearing for the petitioners submitted that it would be suffice to direct the 1st respondent to consider the petitioners' representations dated 01.07.2017 and pass orders in accordance with law.

4. Mr.R.Rajeswaran, learned Special Government Pleader appearing for the respondents submitted that the 1st respondent may be directed to consider and pass orders on the petitioners' representations, in the light of the Government Order and Circulars issued by the authorities and in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to consider the petitioners' representations dated 01.07.2017, in the light of the Government Order and the Circulars issued by the authorities and pass orders accordance with law, within a period of three weeks from the date of receipt of a copy of this order.

With these observations, the writ petitions are disposed of. No costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rg

To 1 The District Collector, Dharmapuri District Dharmapuri 2 The Revenue Divisional Officer, Dharmapuri District Dharmapuri.

3 The Tahsildar, Karimangalam Taluk Dharmapuri District Dharmapuri.

4 The Assistant Director of Agriculture, Dharmapuri District, Dharmapuri 5 The Block Development officer Karimangalam Panchayat Union Dharmapuri Taluk Dharmapuri District + 2 ccs to Mr.R. Jayaprakash, Advocate Sr.52163, 52162 + 1 cc to Government Pleader Sr.52543 W.P.Nos.17423 and 17424 of 2017 CS-IV EU 27.07.2017