K.Surendran, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2016
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.13835 of 2013 and M.P.No.1 of 2013 1.K.Surendran 2.M.Vijayan 3.S.Deepak 4.K.Subramani Gounder 5.C.Gopal 6.M.Eswaran 7.C.Ravichandran 8.N.Rajan 9.Jaffar Ali ..
Petitioners Vs.
1.The District Collector, Nilgiris District, Collecttorate, Udagamandalam, Nilgiris.
2.The District Forest Officer, Nilgiris North Division, Divisional Office, Udagamandalam, Nilgiris.
3.Forest Range Officer, North Division, Forest Range Office, Finger Post, Udagamandalam, The Nilgiris.
4.The Superintending Engineer, Kundha Hydro-Electric Power Circle, Kundha Bridge Post, Nilgiris.
.. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents not to give any new water
connection, without increasing the water level from Dhoddalla Odai PWD Bed-Dam, at Sholur Melkodumandhu, through 8 inches pipeline only.
For Petitioner : Mr.J.Franklin For Respondents: Mr.K.Rajendra Prasad, GA for R-1 Mr.Manoharan, AGP for RR2 and 3 Mr.S.K.Raameshuwar for R-4
ORDER
Heard.
This writ petition has been filed, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents not to give any new water connection, without increasing the water level from Dhoddalla Odai P.W.D. Bed Dam, at Sholur Melkodumandhu.
At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioners had submitted that it would suffice, if this Court is pleased to permit the petitioners to make a fresh representation to the first respondent, with regard to the grievance raised by them, in the present writ petition, within a specified period and on such representation being made, the first respondent may be directed to dispose of the same, on merits and in accordance with law, within a specified period.
The learned counsels appearing on behalf of the respondents have no objection for such an order being passed by this Court.
In view of such submissions made by the learned counsels appearing on behalf of the parties concerned, this Court finds it appropriate to permit the petitioners to submit a fresh representation to the first respondent herein, with regard to the grievance raised by them in the present writ petition, within a period of fifteen days from the date of receipt of a copy of this order. On receipt of such a representation, the first respondent shall consider the same and pass appropriate orders thereon, after giving an opportunity of hearing to the petitioners and the other persons concerned, if any, within a
period of eight weeks, thereafter. The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The District Collector, Nilgiris District, Collecttorate, Udagamandalam, Nilgiris.
2.The District Forest Officer, Nilgiris North Division, Divisional Office, Udagamandalam, Nilgiris.
3.Forest Range Officer, North Division, Forest Range Office, Finger Post, Udagamandalam, The Nilgiris.
4.The Superintending Engineer, Kundha Hydro-Electric Power Circle, Kundha Bridge Post, Nilgiris.
+1cc to Mr.J.Franklin, Advocate Sr.54719 +1cc to the Government Pleader Sr.54660 +1cc to the Special Government Pleader Sr.54455 W.P.No.13835 of 2013 kk[co] srg 21/10/2016