M.Thangavel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2017

CORAM

The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.18072 of 2017 M.Thangavel ... Petitioner vs.

1. The District Collector, Erode District, Erode-11.

2. The Block Development Officer, Modakurichi Panchayat Union, Modakurichi, Erode, Erode District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to consider the petitioner's representations dated 22.12.2015, 26.05.2016 and 17.04.2017 within time limit to be fixed by this Hon'ble Court. For Petitioner : Mr.S.Gunalan For Respondents : Mrs.Vasudha Thiagarajan Addl. Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner is a farmer of Ayegoundenpalayam Village in Erode District.

2. According to the petitioner, there is a huge pond measuring about 22.19 acres in Old Survey No.660 and new R.S.No.100 of Punjaikalamangalam Village, Modakurichi Taluk. However, no steps are being taken for upkeep of the pond which serves the water needs of about thousand families of the surrounding villages. The petitioner claims to have made representations for removal of encroachments and removal of silt/alluvial soil that has settled in the pond. Reference has been made to three representations dated 22.12.2015, 26.05.2016 and 17.04.2017.

3. The learned Additional Government Pleader appearing on behalf of the respondents submits that a decision has already been taken on 21.06.2017 by the District Collector, Erode being respondent No.1 before us for de-silting and improvement of the pond, pursuant to a proposal given by a Non-Governmental Organization, Olirum Erode Foundation of No.119, Power House Road, Erode - 638 001, to take up de-silting, development, restoration and preservation of the pond.

4. In view of the decision taken on 21.06.2017 by the District Collector, Erode, the representations have become infructuous. No order need be passed in this writ petition.

5. The writ petition, accordingly, stands disposed of as infructuous. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar bbr To:

1. The District Collector, Erode District, Erode-11.

2. The Block Development Officer, Modakurichi Panchayat Union, Modakurichi, Erode, Erode District.

+1cc to M/S.S.Gunalan, Advocate Sr. 50247 1cc to the Government Pleader Sr. 49892 W.P.No.18072 of 2017 AR(IV) VR(31/07/2017)