P.Sekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.23374 of 2023 P.Sekar

...Petitioner

Vs.

1.The District Collector Collectorate Tiruppur Tiruppur District.

2.The Assistant Director (Town and Country Planning) District Town and Country Planning Office Tiruppur 641 601 Tiruppur District.

3.The Block Development Officer Palladam Panchayat Union Office Palladam Tiruppur District.

4.The President Karaipudhur (grade 1) Village Panchayat Thanneerpanthal Post 641 605 Palladam Taluk Tiruppur District.

5.N.Chidhambaram 6.M.Palanichamy 7.A.Balasubramanian 1/6

8.C.Vellaichamy 9.P.Loganathan 10.C.K.Selvaraj

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein to take appropriate action and pass suitable orders on the representation made to him by the petitioner dated 30.05.2023.

For Petitioner : Mr.D.Selvaraju For Respondents : Mr.C.Selvaraj for R1 & R2 Additional Government Pleader Mr.A.Edwin Prabakar for R3 & R4 Additional Government Pleader

O R D E R

This Writ Petition is filed seeking a direction to the first respondent to take appropriate action on the representation of the petitioner dated 30.05.2023.

2. According to the petitioner, he is an agriculturalist having agricultural lands measuring 4.28 acres comprised in SF.Nos.485/1A1, 458/1, 2/6

458/2 of Karaipudhur Village, Tiruppur District. The respondents 5 to 10, who are the owners of the adjacent lands developed a layout. The respondents 5 to 10 constructed drainage channels in their layout directing towards the agricultural lands of the petitioner as if the water and sewage would get discharged into the agricultural lands of the petitioner. If the storm water and sewage channel constructed in the developed layout is allowed to flow in the land of the petitioner, he would not be in a position to continue the agricultural operations. Therefore, the petitioner submitted a representation to the first respondent on 30.05.2023 requesting him to take appropriate action to prevent the respondents 5 to 10 from discharging the water into agricultural lands of the petitioner. The said representation has not been considered sofar.

3. Mr.C.Selvaraj, learned Additional Government Pleader, who takes notice for the respondents 1 & 2, on instructions, submitted that representation of the petitioner would be considered in accordance with law.

4. In view of the limited grievance expressed by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the first respondent to 3/6

consider the representation of the petitioner dated 30.05.2023 and pass final orders on merits and in accordance with law, after issuing notice to the respondents 5 to 10 within a period of 8 weeks from the date of receipt of copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

10.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 4/6

To 1.The District Collector Collectorate Tiruppur Tiruppur District.

2.The Assistant Director (Town and Country Planning) District Town and Country Planning Office Tiruppur 641 601 Tiruppur District.

3.The Block Development Officer Palladam Panchayat Union Office Palladam Tiruppur District.

4.The President Karaipudhur (grade 1) Village Panchayat Thanneerpanthal Post 641 605 Palladam Taluk Tiruppur District.

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S.SOUNTHAR , J.

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