P.S.Samynathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.13605 of 2018 P.S.Samynathan ... Petitioner Vs 1.The District Collector, Tiruppur, Tiruppur District.

2.The Assistant Director of Panchayat, Tiruppur, Tiruppur District.

3.The Block Development Officer, Uthukuli Panchayat Union, Uthukuli, Tiruppur District.

4.Sengapalli Village Panchayat, Rep.by Zonal Deputy BDO, Palanigoundanpalayam, Sengapalli Village, Uthukuli Taluk, Tiruppur District.

... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to dismantle and remove the unused overhead water tank illegally constructed in the petitioner's patta land bearing R.S.No.64/8B (Old S.No.454/B) Sengapalli Village, Uthukuli Taluk, Tiruppur District by considering the petitioner's representation dated 19.10.2017. For Petitioner : Mr.N.Manokaran For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader

O R D E R

Heard Mr.N.Manokaran, learned counsel for the petitioner and Mr.V.Shanmuga Sundar, learned Special Government Pleader appearing for the respondents and perused the materials available on record.

2. The prayer sought for in this writ petition is for issuance of writ of mandamus, directing the respondents to dismantle and remove the unused overhead water tank illegally constructed in the petitioner's patta land bearing R.S.No.64/8B (Old S.No.454/B) Sengapalli Village, Uthukuli Taluk, Tiruppur District by considering the petitioner's representation dated 19.10.2017.

3. According to the petitioner one Ramanagounder was the owner of the property situated in R.S.No.64/8B (Old S.F.No.454/B), Sengapalli Village, measuring an extent of 27 cents, by virtue of registered sale deed dated 23.5.1983 and he executed a registered Will dated 10.05.2002, bequeathing the properties in favour of the petitioner and his brother P.S.Ramasamy. After the death of the testator, they became the absolute owners of the property and they have been in possession and enjoyment of the same.

4. The petitioner would allege that the respondents without permission or consent of the petitioner constructed an overhead water tank in R.S.No.64/8B. Hence, he issued a notice dated 02.07.2012 to the respondents to remove the overhead water tank. He has also issued further reminders dated 26.09.2017 and 19.10.2017, the second respondent has forwarded the same to the respondents 3 and 4 for further action. Since, there was no follow up action, the petitioner has come up with the present writ petition.

5.The learned counsel for the petitioner would submit that the respondents have constructed a new water tank in different place and the overhead water tank which is constructed in the land of the petitioner has been abandoned and it is now causing danger to the public. He would further submit that it would suffice, if a suitable direction is issued to the third respondent to consider the representation of the petitioner.

6. The learned Special Government Pleader appearing for the respondents submitted that the second respondent has already issued suitable instructions to the third respondent based on the representation of the petitioner and the third respondent is ready to consider the grievance of the petitioner.

7. In the light of the limited scope of prayer sought for in this writ petition and the submissions made by the learned counsel on either side, this Court without going into the merits of the case, directs the third respondent to consider the representation of the petitioner dated 19.10.2017 and take appropriate action on merits and in accordance with law, after providing an opportunity of personal hearing to all necessary parties, within a period of eight weeks from the date of receipt of a copy of this order.

8. With the above direction, this writ petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ms To 1.The District Collector, Tiruppur, Tiruppur District.

2.The Assistant Director of Panchayat, Tiruppur, Tiruppur District.

3.The Block Development Officer, Uthukuli Panchayat Union, Uthukuli, Tiruppur District.

4.The Zonal Deputy BDO, Sengapalli Village Panchayat, Palanigoundanpalayam, Sengapalli Village,Uthukuli Taluk, Tiruppur District.

+1cc to Mr.N.Monokaran, Advocate, S.R.No.38882 +1cc to the Government Pleader, S.R.No.39091 W.P.No.13605 of 2018 CA(CO) GSP(04/07/2018)