Madras High CourtWP/4585/2016disposed of

M.Tamilselvan v. State Of Tamil Nadu

2016-02-08Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.4585 of 2016 and WMP.No.3947 of 2016 M.Tamilselvan .. Petitioner -vs1.State of Tamil Nadu, rep. by its Secretary to Government, Department of Revenue, Fort St. George, Chennai-600 009.

2.State of Tamil Nadu, rep. by its Secretary to Government, Department of Public Works, Fort St. George, Chennai-600 009.

3.The District Collector of Vellore, Collectorate, Sathuvachari, Vellore.

4.The Thasildhar of Katpadi Taluk, Taluk Office, Katpadi, Vellore District.

5.The Block Development Officer, Kalputhur village, Katpadi, Vellore District.

6.The Village Administrative Officer, No.72, Eranthangal Village and Post, Katpadi Taluk, Vellore District.

7.The President of Eranthangal Village, Eranthangal Village and Post, Katpadi Taluk, Vellore District.

.. Respondents

Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the third respondent to consider the representation dated 21.12.2015 given by village people of Eranthangal village, Katpadi taluk, Vellore District and further direct the 5th respondent to construct the water tank in some other places belonged to the Government in the said village, except in pond bund situated in S.No.191, in Eranthangal village, Katpadi Taluk, Vellore District. For Petitioner : Mr.A.Gouthaman For Respondents : Mr.STS.Moorthy Government Pleader Mr.V.R.Kamalanathan Addl. G.P. for R1 to R7 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner and persons with similar intent apparently want the water tank, but yet claim that it should not be built on the bund of the water pond. The pictures show that the pond has not been affected by the construction of the water tank.

2. The aforesaid is a matter of administrative discretion as to where the water tank should be located so long as it does not affect the water area being a pond.

3. In the aforesaid context, the representation made by the petitioner and other villagers on 21.12.2015 may be disposed of by the third respondent within a period of fifteen days from the date of receipt of the order, after notice to all concerned by a speaking order.

4. The writ petition, accordingly, stands disposed of. No costs. Consequently, WMP.No.3947 of 2016 is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar bbr

To 1.The Secretary to Government, Department of Revenue, Fort St. George, Chennai-600 009.

2.The Secretary to Government, Department of Public Works, Fort St. George, Chennai-600 009.