Madras High CourtWP/20791/2021disposed of

K.Ramamurthy v. The District Collector

2022-01-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO. 20791 of 2021 and W.M.P.No.22058 of 2021 K. Ramamurthy ...Petitioner Vs

1. The District Collector, Tiruvallur District.

2. The Tahsildar, Tiruttani Taluk, Tiruvallur District.

3. The Block Development Officer, Thiruvalangadu Panchayat Union, Tiruttani Taluk, Tiruvallur Taluk.

4. The Executive Engineer, Public Works Department (WRO), No.2, Kosathalsaiyaru Basin Division, J.N. Road, Tiruvallur-602 001.

5. The Assistant Executive Engineer, Public Works Department (WRO), No.2, Kosathalsaiyaru Basin Division, J.N. Road, Tiruvallur-602 001.

6. Tmt. Amulu Saravanan, President, Ramapuram Panchayat, Ramapuram, Tiruttani Road, Tiruvallur District-631 204. ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing respondents 1 to 5 to consider the representation dated 16.09.2021 made by the petitioner forbearing the respondents 1 to 5 from demolishing the 30 meter surplus weir situated on eastern side of the Periya Ramapuram Irrigation Water Tank, at S.No.39, Ramapuram Village, Tiruttani Taluk, Tiruvallur District and pass appropriate orders within stipulated time period as may be fixed by this Court.

For petitioner : Mr. T. Sundaravadanam For Respondents 1to5 : Mrs. C. Sangamithirai, Special Government Pleader

ORDER

The present petition has been filed seeking a direction to the respondents 1 to 5 to consider the representation dated 16.09.2021 made by the petitioner and dispose of the same within the time stipulated by this Court.

2.When the matter is taken up for hearing, learned special Government Pleader placed reliance upon the counter affidavit filed by the 1st respondent stating that the petitioner's representation dated 16.09.2021 has been disposed of rejecting the claim of the petitioner during the pendency of this Writ Petition. Further, it is submitted that the weir will be reconstructed without any change in its original size and shape at the earliest before the onset of monsoon, as submitted by the Executive Engineer in his communication dated 27.09.2021. 3.A careful perusal of the counter affidavit reveals that the representation made by the petitioner has been well considered and disposed of stating the above facts. 4.

In view of the counter affidavit placed before this Court, recording the same, this Court without going into the merits of the case, directs the respondents to carry out the work of reconstruction of the subject weir and complete the same before the onset of monsoon as stated in the letter of the Executive Engineer/4th respondent herein dated 27.09.2021. 5.Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs. Consequently, the connected Miscellaneous Petition is closed.

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