E.Babu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2017
CORAM
THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.19174 of 2017 E.Babu .. Petitioner Vs.
1. The District Collector Villupuram.
2. The Sub Collector Tindivanam Villupuram District.
3. The Special Officer cum Block Development Officer (Village Panchayat) Olakkur Panchayat Union Tindivanam Taluk Villupuram District.
4. The Deputy Superintendent of Police Tindivanam, Villupuram District.
5. Sampath .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 1.7.2017 and consequently, direct respondents 1 to 4 to take immediate action to clean the existing bore well and also dig new bore well in S.No.36/8, Eappakkam Village, Tindivanam Taluk, Villupuram District to solve the drinking water problem.
For Petitioner : Mr.S.N.Subramani For Respondents : Mr.R.Vijayakumar Addl. Government Pleader for respondents 1 to 4
ORDER
(Order of the Court was made by M.Sundar,J.) This writ petition has been filed with a prayer to mandamus the official respondents to consider and pass orders on the writ petitioner's representation dated 1.7.2017. The said representation of the writ petitioner pertains to taking immediate action for cleaning an existing bore well and also for sinking a new bore well in S.No.36/8, Eappakkam Village, Tindivanam Taluk, Villupuram District.
2. It is the case of the writ petitioner that there is severe drinking water shortage and if the above exercise of cleaning the existing bore well and sinking a new one is undertaken and completed, that would largely alleviate and even solve the drinking water problem for the local populace.
3. Though the prayer in the writ petition is only for a mandamus to direct the official respondents to dispose of the writ petitioner's representation dated 1.7.2017, Mr.R.Vijayakumar, learned Additional Government Pleader, who has accepted notice on behalf of official respondents 1 to 4, fairly states, on instructions, that adequate funds have now been sanctioned, disbursed and the needful (as sought for by writ petitioner in his aforesaid representation) being done is in the anvil.
4. The learned Additional Government Pleader further submits, on instructions, that both the tasks that have been sought to be done in the writ petitioner's aforesaid representation, namely cleaning of the existing bore well and sinking a new bore well in S.No.36/8, Eappakkam Village, Tindivanam Taluk, Villupuram District, are to be commenced shortly. It is also submitted by the learned Additional Government Pleader that the same shall be commenced and completed within a maximum period of three months from today. As it is alleged by the writ petitioner that the fifth respondent (private respondent) is obstructing attempts to commence the work, the third respondent is directed to put the fifth respondent about commencement of work, give a week's time to the fifth respondent to give representation if any and if the fifth respondent gives a representation, the same shall be forwarded to the first respondent forthwith and the first respondent shall dispose of the representation within a fortnight.
5. This submission of the learned Additional Government Pleader is recorded with a further direction to the official respondents 1 to 4 to commence and complete the exercise as expeditiously as possible and in any event within the above indicated time frame of three months. This is in the light of
the severe drinking water shortage for the local populace projected before us.
6. Though obvious, it is made clear that commencement of project shall be subject to disposal of representation if any from the fifth respondent by the first respondent, as aforesaid. The writ petition is disposed of accordingly. No costs. s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar sasi To:
1. The District Collector Villupuram.
2. The Sub Collector Tindivanam Villupuram District.
3. The Special Officer cum Block Development Officer (Village Panchayat) Olakkur Panchayat Union Tindivanam Taluk Villupuram District.
4. The Deputy Superintendent of Police Tindivanam, Villupuram District.
+1 CC to Mr. S.N. Subramani, Advocate sr 54033 W.P.No.19174 of 2017 VGII(CO) sp(08/08/2017)