Mr.N.Raja, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.03.2015
CORAM
THE HONOURABLE Mr. JUSTICE T.S. SIVAGNANAM W.P.No.12103 of 2013 and M.P.No.1 of 2013 N.Raja ... Petitioner vs.
1. The District Collector, Shathuvachari, Vellore District.
2. The Tasildhar, Vaniyambadi Taluk, Vellore District.
3. The Block Development Officer, Alangayam Union Panchayat, Vaniyambadi Taluk, Vellore District.
4. The Panchayat President, Vallipattu village, Vaniyambadi Taluk, Vellore District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue Writ of Mandamus directing the 3rd and 4th respondents to stop the sewage water entered in agricultural land in patta No.814 in vide Survey No.59/2A1, 59/2A3, 59/2A3 measuring extent of the land 1.45.0 Hectares. For Petitioner :
Mr.M.Ravi For Respondent :
Mr.R.A.S.Senthilvel Addl. G.P. for R1 to R3 Mr.S.Loganathan for R4
ORDER
Heard Mr.M.Ravi, learned counsel appearing for the petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader appearing for respondents 1 to 3 and Mr.S.Loganathan, learned counsel appearing for the 4th respondent.
2. The petitioner seeks the following relief:- "For the reasons stated in the accompanying affidavit it is prayed that this Hon'ble Court may be pleased to issue a writ of Mandamus or order or direction in the nature of writ directing 3rd and 4th respondents to stop the sewage water entered in agricultural land in patta No.814 in vide Survey No.59/2A1, 59/2A3, 59/2A3 measuring extent of the land 1.45.0 Hectares and pass such other order or orders as it may deem fit and thus render justice."
3. According to the petitioner, the 4th respondent Panchayat President is discharging the sewage water into his patta land and no permission in this regard was obtained from the petitioner and to prevent his illegal act, the petitioner has submitted a representation to the authorities and since no action has been taken, the petitioner has approached the District Collector, Vellore by giving a representation dated 15.4.2013.
4. In the light of the above, without going into the merits of the matter, there will be a direction to the 1st respondent to consider the representation of the petitioner dated 15.4.2013, after giving notice to the petitioner as well as the respondents 3 and 4 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5. The writ petition is disposed of, as stated above. No costs. Consequently, M.P.No.1 of 2013 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr
To
1. The District Collector, Shathuvachari, Vellore District.
2. The Tasildhar, Vaniyambadi Taluk, Vellore District.
3. The Block Development Officer, Alangayam Union Panchayat, Vaniyambadi Taluk, Vellore District.
4. The Panchayat President, Vallipattu village, Vaniyambadi Taluk, Vellore District.
+1cc to the Government Pleader, S.R.No.16347 W.P.No.12103 of 2013 CTK(CO) CA(01/04/2015)