Subramanian, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.16258 of 2018 Subramanian ..Petitioner Vs

1. The District Collector Tiruppur.

2. The Tahsildar, Palladam.

3. The Commissioner, Panchayat Union, Pongallur - 641 664.

..Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the official respondents 2 and 3 to take action in removing the debris located in front of petitioner address by disposing the representation dated 01.11.2017, 22.12.2017. For Petitioner : Mr.Lesi Saravanan For Respondents : Mr.V.Shanmugasundar Special Government Pleader

ORDER

Mr.V.Shanmugasundar, learned Special Government Pleader takes notice on behalf of the respondents. By consent of both parties, this writ petition is taken up for final disposal.

2. According to the petitioner, he is the owner of the land in Survey No.754/13 and he had built a new house bearing Door No.1/50 and he has been residing in the house.

3. The grievance of the petitioner is that third parties are dumping Garbage in front of his house, which causes health hazard. However despite his representations dated 01.11.2017, 22.12.2017, no action was taken to remove them.

4. The learned Counsel for the petitioner submitted that the petitioner is a senior citizen and the inaction of the respondents not only affects the health, but also cause mental agony to him. It is further submitted that it would suffice, if a direction is issued to the third respondent to take action on the representation of the petitioner.

5. The learned Special Government Pleader submitted that the petitioner has not produced any proof for submitting https://hcservices.ecourts.gov.in/hcservices/

representation and if a fresh representation is given to the third respondent, he is ready to take action in accordance with law.

6. Considering the limited scope of the prayer sought in this writ petition and the submissions made by the learned Counsel on either side, this Court, without going into merits of the case, directs the petitioner to give a fresh representation to the third respondent by enclosing a copy of this order within a period of two weeks. On such compliance, the third respondent shall consider the same and take appropriate action on merits and in accordance with law, after providing an opportunity to the necessary parties, within a period of eight weeks therefrom.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar msrm To

1. The District Collector Tiruppur.

2. The Tahsildar, Palladam.

3. The Commissioner, Panchayat Union, Pongallur - 641 664.

+1cc to Government Pleader Sr.No.43187 +1cc to MR.Lesi Saravanan, Advocate Sr.No.43273 SS(CO) sm:26.7.2018 W.P.No.16258 of 2018 https://hcservices.ecourts.gov.in/hcservices/