Madras High CourtWP/25060/2024disposed of

Arjunan v. The District Collector

2024-09-02Honourable The Acting Chief Justice,Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI ARJUNAN .. Petitioner Vs

1. THE DISTRICT COLLECTOR ERODE DISTRICT.

2. THE MUNICIPAL COMMISSIONER, ERODE MUNICIPALITY, ERODE.

3. THE ASSISTANT COMMISSIONER, REGIONAL -4, ERODE MUNICIPALITY, ERODE.

4. KUMARAN @ KUMAREVEL .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to consider and dispose the petitioner's representations dated 12/06/2023 and 01/03/2024 in accordance with law and there by to take appropriate action against the 4th respondent for illegal extraction of ground water for commercial purpose in the land situated at Vendipalayam, ward No.60, Erode, without proper approval for the concerned authorities.

For the Petitioner : Mr.M.Vijayaragavan For Respondents : Mr.T.K.Saravanan Government Advocate for respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that the fourth respondent is illegally extracting ground water for commercial purpose from the land situated at Vendipalayam, Ward No.60, Erode, the petitioner sent representations on 12.6.2023 and 1.3.2024 to the respondent authorities. As the said representation did not evoke any response, the present writ petition is filed.

2. Considering the narrow scope of the prayer made in the writ petition, without going into the merits of the matter, we direct respondents 1 to 3 conduct an inquiry based on the representations dated 12.6.2023 and 1.3.2024 submitted by the petitioner qua illegal extraction of ground water for commercial purpose and thereafter pass appropriate orders, on merits and in accordance with law, of course after affording an opportunity to the

fourth respondent. The entire exercise shall be concluded within a period of eight weeks from the date of receipt of a copy of this order.

The writ petition is disposed of accordingly. There shall be no order as to costs.

(D.K.K., ACJ.) (P.B.B, J.) 02.09.2024 Index :

Yes/No NC :

Yes/No sasi To:

1. THE DISTRICT COLLECTOR ERODE DISTRICT.

2. THE MUNICIPAL COMMISSIONER, ERODE MUNICIPALITY, ERODE.

3. THE ASSISTANT COMMISSIONER, REGIONAL -4, ERODE MUNICIPALITY, ERODE.

THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.

(sasi) 02.09.2024