R.Eswaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN R. Eswaran .. Petitioner
Versus
1. The District Collector, Tiruvallur, Tiruttani Road, Tiruvallur District.
2. The Joint Director ( Panchayat) Office at Collector Office, Tiruvallur District.
3. The Block Development Officer, Poondi Panchayat Union, Poondi Tiruvallur.
..Respondents Prayer: This Writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 16.04.2024 by the second and third respondents and pass orders. For Petitioner : Mr.B. Mahendra Naidu For Respondents 1 and 2 : Mr.N. Naveen Kumar Government Advocate For Respondent 3 : Mr.M. Venkateswaran Special Government Pleader 1/7
ORDER
This Writ Petition has been filed seeking a Writ of Mandamus directing the first respondent to consider the representation of the petitioner dated 16.04.2024 by the second and third respondents and pass orders.
2. The facts of the case is that the petitioner is a resident of Ellappanaidupet Panchayat which consists of Ellappa Naidupet and Pudur Village. The Government of Tamil Nadu has sanctioned to construct a water tank which has a capacity to contain one Lakh liters and the same was constructed. The grievance of the petitioner is that to supply water to the Arundathiar Colony and Harijana Colony a pipe line has to be levied between bore point at Gandhigram to Elappanaidupt Tank through Government land and the private land belonging to one Nagaraj Naidu in S.No.968 and 970 is also required. The Panchayat is also ready to pay the reasonable compensation to the said Nagaraj, but he is objecting to receive the amount and not allowing to lay the pipe line. Hence, the petitioner has given a representation to the second and 2/7
third respondents on 16.04.2024. However, there was no progress in the said complaint till date. Hence, this petition.
3. The learned counsel for the petitioner submitted that the second and third respondents has not taken any action on the representation made by the petitioner on 16.04.2024, due to which the residents of that particular area are suffering for drinking water. Hence, prays to allow the petition.
4. The learned Special Government Pleader appearing for the respondent produced a letter of the third respondent addressed to the second respondent in Na.Ka.No.896/2024/A6 dated 23.07.2024, wherein it was stated that in the subject area there was some crops which is in the stage of harvest. It is further stated that after the harvest, pipe line will be laid in the subject area. The said Nagaraj will have no right to interfere and obstruct while laying the pipe line. After of completion of the work, water will be supplied to the residents of Arundathiar Colony and Harijan Colony.
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5. Considering the facts and circumstances of the case, this Court directs the second and third respondents to take appropriate action to lay the pipe line as per the rules in existence and proceed further in the manner known to law within a period of four months from the date of receipt of a copy of this Order.
6. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
24.07.2024 Speaking order : Yes/No Index : Yes/No smn 4/7
To
1. The District Collector, Tiruvallur, Tiruttani Road, Tiruvallur District.
2. The Joint Director ( Panchayat) Office at Collector Office, Tiruvallur District.
3. The Block Development Officer, Poondi Panchayat Union, Poondi Tiruvallur.
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V.BHAVANI SUBBAROYAN, J.
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