N.Selvi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.25941 OF 2021 AND W.M.P.NO.27411 OF 2021
1. N.Selvi
2. A.Vasantha ... Petitioners .Vs.
The District Collector, Perambalur District, Perambalur.
... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 21.10.2021 and extend the construction of the storm water channel up to the stream running on the Eastern side and Western side which passes from South to North in Perambalur Thuraiyur Highways of Ammapalayam Village in order to drain the rain water freely in the existing stream.
For Petitioners : Mr.M.Muthappan For Respondent : Mr.P.Gurunathan Additional Government Pleader
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the respondent to consider the petitioner's representation and extend the construction of the storm water channel up to the stream running on the Eastern side and Western side which passes from South to North in Perambalur Thuraiyur Highways of Ammapalayam Village in
order to drain the rain water freely in the existing stream.
2. The case of the petitioners is that their husband own agricultural land in Survey No.64/17A and 64/18 to an extent of 63 cents in Permbalur District and they have built house in a portion of the said land. The highways authority widened the road between Thuraiyur and Perambalur and for draining the rain water, on both sides of the road, there was a channel constructed for storm water clearance and there are three streams passing from south to north. However, the highways authorities have not extended the storm water channel up to the stream located in both sides, due to which, the water is running through the patta land of the petitioners which is damaging their house and the agricultural land. Therefore, the petitioners approached the Highways department, but they informed that the said storm water project is under the control of the District Collector. Hence, the petitioners made representation to the respondent herein and also to the Chief Minister's grievance cell on 21.10.2021. However, till date no action has been taken. Hence, this writ petition.
3. The learned counsel appearing for the petitioners submitted that due to non extension of the storm water channel up to the stream located in both sides, during the heavy rain, the entire rain water goes through the petitioners' land and is damaging the crops cultivated and also the water is going into the house of the petitioners. He further submitted that, it would suffice, if this Court issues direction to the respondent to consider the petitioner's representation dated 21.10.2021 and to pass appropriate orders within the time stipulated by this Court.
4. The learned Additional Government Pleader submitted that the same issue has been considered and a letter Na.Ka.No.45/2021/A1 dated 26.11.2021 has been issued. He further submitted that respondent is taking steps to connect the storm water drain to the existing water channel as early as possible.
5. In view of the above stand of the respondent, recording the submission of the learned Addl. Government Pleader appearing for the respondent that the petitioners' request for connecting the storm water drain to the existing water channel is under process and recording the undertaking of the respondent to complete the said work at the earliest, nothing survives for further adjudication.
6. Accordingly, this writ petition is closed recording the undertaking of the respondent. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar skt To The District Collector, Perambalur District, Perambalur.
+1cc to Mr.M.Muthappan, Advocate, S.R.No.63562 +1cc to the Government Pleader, S.R.No.63782 W.P.NO.25941 OF 2021 AND W.M.P.NO.27411 OF 2021 GSM(CO) PBS/15/12/2021