Muniyan v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2025
CORAM:
THE HONOURABLE MRs. JUSTICE N.MALA Muniyan .. petitioner vs
1. The State rep by The District Collector O/o.District Collector office Cuddalore District.
2.The Divisional Engineer (Highways) Construction and Maintenance Viruthachalam Division Cuddalore District 3.The Assistant Divisional Engineer (Highways) Construction and Maintenance Tittakudi Sub Division Cuddalore District 4.The Inspector of Police Veppur Police Station Cuddalore District 5.The Assistant Engineer Public Works Department Viruthachalam, Cuddalore District.
6.Selvarasu ... Respondents 1/6
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 5 not to grant permission to the 6th respondent for laying the pipe line beneath the panchayat road situated in S.No.44/1B, 13/3B, 13/2A, 11/B/6A PA.Kothanur Village, Virudhachalam Taluk, Maligaimedu Post, Cuddalore District pursuant to the petitioner's representation dated 23.09.2024. For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.V.Manoharan, AGP for R1 to R3, R5.
Mr.Subbiah, GA (Crl.side) for R4.
O R D E R
This writ petition is filed forbearing the respondents 1 to 5 from granting permission to the 6th respondent, for laying the pipe line beneath the panchayat road situated in S.No.44/1B, 13/3B, 13/2A, 11/B/6A PA.Kothanur Village, Virudhachalam Taluk, Maligaimedu Post, Cuddalore District pursuant to the petitioner's representation dated 23.09.2024.
2. The petitioner is a former Panchayat President of Pa.Kothanur Village in Cuddalore District. The 6th respondent is an agriculturist. The 6th respondent being a financially and politically influential person obtained permission from the 2nd respondent on 11.09.2024, for laying pipe line 2/6
underneath the Panchayat Road, for drawing water from the borewell to private agricultural lands. The said permission expired on 11.10.2024.
3. On 23.09.2024, the petitioner submitted a representation to the respondents requesting them not to grant any permission to the 6th respondent, for laying pipeline in the panchayat road, for drawing water from the borewell to agricultural lands, on the ground that the farmers in the locality would suffer water scarcity. Since no action was taken on the petitioner's representation, the petitioner filed the present writ petition. 4.In the course of argument, the learned counsel for the petitioner submitted that the petitioner may be permitted to file fresh representation raising additional objections alongwith the objections already raised in his representation dated 23.09.2024, and hence appropriate directions may be issued to the respondents to consider the same and pass orders within a time frame fixed by this Court.
5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader, for the respondents 1 to 3 and 5 and the learned Government Advocate, for the 4th respondent and perused the 3/6
materials available on record. With consent of all counsels, this writ petition is taken up for final disposal. As no adverse order is passed as against the 6th respondent, this writ petition is disposed of without notice to the 6th respondent.
6. Under the facts and circumstances of the case and considering the limited prayer of the petitioner's counsel, the following directions are issued:- (i)the petitioner is permitted to file a fresh representation raising additional objections. The petitioner is directed to submit the fresh representation raising additional objections, within a period of two weeks from the date of receipt of a copy of this order.
(ii)on receipt of the fresh representation from the petitioner, the respondents 2 to 5 shall consider the same alongwith the representation dated 23.09.2024, afford an opportunity of hearing to the petitioner as well as the 6th respondent and thereafter pass orders on merits and in accordance with law, within a period of six weeks. 4/6
7. With the above direction, this writ petition is disposed of. No costs. 15.07.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To
1. The State rep by The District Collector O/o.District Collector office Cuddalore District.
2.The Divisional Engineer (Highways) Construction and Maintenance Viruthachalam Division Cuddalore District 3.The Assistant Divisional Engineer (Highways) Construction and Maintenance Tittakudi Sub Division Cuddalore District 4.The Inspector of Police Veppur Police Station Cuddalore District 5.The Assistant Engineer Public Works Department Viruthachalam, Cuddalore District.
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N. MALA , J.
tsh 15.07.2025 6/6