T.Kasi, S/O.Thangavelu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 26.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.12404 of 2017 and WMP No.13161 of 2017 T.Kasi ... Petitioner Vs.

1. The District Collector, Thiruvannamalai, Thiruvannamalai District.

2. The Block Development, Thiruvannamalai, Thiruvannamalai District.

... Respondents PRAYER:

Writ petition filed under Section 226 of the Constitution of India to issue a Writ of Mandamus order or direction in the nature of writ forbearing the second respondent from further deepening the borewell in Adiannamalai Village Poromboke land within prohibited limit of petitioner's existing well in Athianthal S.No.2/2nd.

For petitioner :No appearance For respondents :Mr.D.Suryanarayanan, Gov. Advocate for R1 No appearance for R2

ORDER

According to the petitioner, the second respondent is intending to erect a electric pumpset and also seeking permission from the Electricity Board to issue electric service connection, without getting any permission from the first respondent, as per the Ground Water REgulation Act 27 of 1987 and hence he has filed the writ petition sought for direction forbearing the second respondent from further deepening the borewell in Adiannamalai Village Poromboke land within prohibited limit of petitioner's existing well in Athianthal S.No.2/2nd.

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2. It is to be noted that the petitioner has not made any representation before the concerned authority seeking the remedy, as sought for in this writ petition , except a legal notice.

3. At the time of admission, status-quo order has been granted by this court. Therefore, liberty is granted to the petitioner to submit his detailed representation before the first respondent, within a period of eight weeks from the date of receipt of a copy of this order. On such representation being made by the petitioner, the first respondent is directed to consider the same and pass appropriate orders and till such time, the status-quo order passed by this court shall be maintained.

4. With the above observation, this writ petition is disposed of. No costs. The writ miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mst 1.The District Collector, Thiruvannamalai, Thiruvannamalai District.

2.The Block Development, Thiruvannamalai, Thiruvannamalai District.

+1cc to the Government Pleader, S.R.No.25681 W.P.No.12404 of 2017 and WMP No.13161 of 2017 BP(CO) CB(25/06/2021) https://hcservices.ecourts.gov.in/hcservices/