Salem Seelavari Veettu Vasathi v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.02.2018
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.2666 of 2018 Salem Seelavari Veetu Vasathi Variya Kudiyiruppor Nala Sangam, Rep. by its President, P.Subramaniam, 128, Seelavari Housing Board, Salem - 636 003.
.. Petitioner versus 1.The Managing Director, Tamilnadu Housing Board, 493, Anna Salai, Nandanam, Chennai - 600 035.
2.The Executive Engineer - cum - Administrative Officer, Tamilnadu Housing Board, Salem - 636 008.
3.The Commissioner, Salem Corporation, Salem - 636 001.
.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 and 3 to consider and pass orders on the representation dated 26.12.2017 to prevent the drainage water from coming into the Seelavari Housing Board unit at Thadampatti Village, Salem District and to raise the retaining wall near by the water spread area of Seelavari Housing Board. For Petitioner : Mr.A.Nagarathinam For Respondent Nos.1 & 2 : Mr.V.Anandhamurthy Standing Counsel For Respondent No.3 : Ms.K.Bhuvaneswari Standing Counsel
O R D E R
By consent, the Writ Petition is taken up for final disposal at the admission stage itself.
2. Heard the submissions of Mr.A.Nagarathinam, learned counsel appearing for the petitioner, Mr.V.Anandhamurthy, learned Standing Counsel appearing for the respondents 1 and 2 and Ms.K.Bhuvaneswari, learned Standing Counsel appearing for the third respondent.
3. The learned counsel appearing for the petitioner submitted that as per the direction issued by this Court in W.P.No.4305 of 2016 dated 07.03.2016, the respondents had convened a meeting on 27.07.2016 and took a decision to construct a retaining wall to prevent the drainage water from entering into the Seelavari Tamilnadu Housing Board at Thadampatti Village. Since no follow up action was taken pursuant to the resolution, the petitioner gave a representation dated 26.12.2017, but no order has been passed by the respondents, hence this Writ Petition.
4. The learned counsel further submitted that the petitioner would be satisfied, if a direction is issued to the respondents 2 and 3 to take appropriate action on the representation of the petitioner.
5. In the light of the limited prayer sought for in the Writ Petition and the submissions of the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the respondents 2 and 3 to take appropriate action on the representation of the petitioner dated 26.12.2017 on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner.
6. With the above direction, this Writ Petition is disposed of. No costs.
sri Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar
To 1.The Managing Director, Tamilnadu Housing Board, 493, Anna Salai, Nandanam, Chennai - 600 035.
2.The Executive Engineer - cum - Administrative Officer, Tamilnadu Housing Board, Salem - 636 008.
3.The Commissioner, Salem Corporation, Salem - 636 001.
+1CC to Mr.V.Anandhamurthy Advocate SR.NO.13647 +1CC to Mr.A.Nagarathinam Advocate SR.NO.13035 +1CC to M/S.K.BHUVANESHWARI SR.NO.13735 W.P. No.2666 of 2018 RR[CO] MK:27/03/2018