Madras High CourtWP/37290/2015disposed of

Mr. V. Panneer Selvam, v. The District Collector,

2015-11-24Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2015 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.37290 of 2015 and MP.No.1 of 2015 Mr.V.Panneer Selvam ... Petitioner Vs

1. The District Collector, Salem, Salem District.

2. The District Revenue Officer, Salem, Salem District.

3. The Revenue Divisional Officer, Attur, Salem District.

4. The Tahsildar, Attur, Salem District.

5. The Rural Development Officer, Union Office, Attur, Salem District.

6. Mr.Murugesan ... Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 12.11.2015.

For Petitioner : Mr.J.Rajendran For Respondents 1 to 5 : Mr.P.Sanjay Gandhi Additional Government Pleader

ORDER

Mr.P.Sanjay Gandhi, learned Additional Government Pleader takes notice for respondents 1 to 5. Heard the learned counsel for the petitioner. In view of the limited nature of the relief to be granted, the writ petition itself is taken up for final disposal without ordering notice to the sixth respondent.

2. The petitioner has filed the above writ petition alleging that the sixth respondent, who is his neighbour, is digging a well in his land using explosives for the purpose of blasting the rocks, resulting in danger to the petitioner's property and life. According to the petitioner, his house has now developed cracks.

3. To support this stand, the petitioner produced photographs along with the certificates issued by the Chartered Engineer. With these facts, the petitioner submitted a representation dated 12.11.2015 to respondents 1 to 5. Since the said representation has not yet been considered, the petitioner is before this Court.

4. Hence, the writ petition is disposed of with a direction to the fourth respondent to consider the representation of the petitioner dated 12.11.2015 on merits and after notice to the petitioner and the sixth respondent, pass appropriate orders in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. It is made clear that since the writ petition is disposed of at the admission stage without ordering notice to the sixth respondent, the merits of the allegations made by the petitioner as against the sixth respondent are not gone into. They are left to be decided by the Competent Authority. No costs. Consequently, the above MP is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar RS