S.Saravanan, v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.40307 of 2016 S.Saravanan .. Petitioner -vs1.The District Collector cum Inspector of Panchayats, Collectorate, Nagapattinam District.

2.The Special Officer cum Block Development Officer (Village Panchayat), Panchayat Union Office, Keezhaiyur (For Pradhabaramapuram Panchayat) Kilvelur (Taluk), Nagapattinam (Dist.) .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to forbear the 1st respondent from granting permission to any third party to excavate soil from the Raja Maduvu, Chinna Eri & Periya Eri situated at Prathabaramapuram Panchayat, Kilvelur Taluk, Nagapattinam District and consequently to direct the 2nd respondent to implement the Resolution No.24 dt. 15.08.2016, Item No.23 after new Officer bearers assuming office of the Panchayat in order to implement the National Rural Employment Guarantee Act, 2005.

For Petitioner :

Mr.P.Vijendran For Respondents :

Mr.R.Vijayakumar, Addl.G.P. for RR 1 and 2 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner submits that the representation dated 31.10.2016 has been submitted in view of Resolution No.24 dated 15.08.2016 passed by the Grama Sabha, Prathabaramapuram Panchayat, Keezhaiyur Taluk, requiring de-silting of the lake as https://hcservices.ecourts.gov.in/hcservices/

set out in the resolution. It is the say of the petitioner that instead of getting this work done through private contractors, in order to generate employment, the same may be carried out under the National Rural Employment Guarantee Act, 2005. The Panchayat, at present, is being administered by the Special Officer.

2.We are of the view that the prayer would depend on the feasibility of what the petitioner states and it is for the concerned authority to examine the same and thus, the representation of the petitioner referred to aforesaid be examined for its feasibility.

3.Writ petition, accordingly, stands disposed of. No costs. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.The District Collector cum Inspector of Panchayats, Collectorate, Nagapattinam District.

2.The Special Officer cum Block Development Officer (Village Panchayat), Panchayat Union Office, Keezhaiyur (For Pradhabaramapuram Panchayat) Kilvelur (Taluk), Nagapattinam (Dist.) +1 cc to Govt.pleader,sr.66715.

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