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Madras High CourtWP/7431/2014dismissed

D.Manojkumar v. The District Collector

2019-03-04Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.7431/2014 & MP.No.1/2014 --- D.Manojkumar ..Petitioner Vs

1. The District Collector Salem District.

2. The Tahsildar Tahsildar Office, Salem District.

3. The Block Development Officer Kejjainayakapatti Kattu Valavu Panchayat Salem District.

4. The President Kejjainayakapatti Kattu Valavu Panchayat Samiyar Thottam, Salem District.

..Respondents Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a writ of Mandamus, forbearing the respondents not to dig the borewell on cart track near the petitioner's agricultural land meantime dispose of the representation given by the petitioner dated 06.06.2013 within reasonable time to be fixed by this Court.

For Petitioner :

Mr.K.Ramesh For Respondents :

Mr.B.Anand, GA for R1 and R2.

Mr.S.Gunasekaran for RR 3 & 4

ORDER

By consent of both sides, this Writ Petition is taken up for final disposal.

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Writ Petition is filed praying to issue a writ of Mandamus to forbear the respondents from putting up a bore well on the cart track near the petitioner's agricultural land and to consider his representation dated 06.06.2013 within the stipulated time frame.

The grievance of the Petitioner is that the respondents 3 and 4 / Panchayat are attempting to put up a bore well nearby the Petitioner's land.

Learned counsel appearing for the respondents 3 and 4 / Panchayat, on instructions, submits that there is no bore well put up in the Petitioner's land and that there is no such proposal for putting up such a bore well near the land of the Petitioner. He has also produced the communication of the 3rd respondent addressed to the Government Advocate, High Court, Madras, dated 22.02.2019 in na.Ka.No.866/2014/Thi.3. The said communication, is taken on file and record.

Recording the above submission, the Writ Petition is dismissed as nothing survives for further adjudication. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar nvsri To

1. The District Collector, Salem District.

2. The Tahsildar Tahsildar Office, Salem District.

+1cc to Mr.S.Gunasekaran , Advocate, S.R.No.19645 +1cc to the Government Pleader, S.R.No.21439 WP.No.7431 of 2014 PA(CO) CS/06/05/2019 https://hcservices.ecourts.gov.in/hcservices/