← Library
Madras High CourtWP/30100/2024disposed of with direction

C.Ponnusamy v. The Sub Collector

2024-10-17Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.Ponnusamy ... Petitioner Vs.

1.The Sub-Collector, Tiruppur, Tiruppur District.

2.The Executive Engineer (Public Works Department/ Water Resources Organization), Parambikulam Aliyar Project Scheme, PAP Colony, Pollachi, Coimbatore District.

3.The Assistant Executive Engineer, (Public Works Department/ Water Resources Organization), Parambikulam Aliyar Project Scheme, Palladam, Tiruppur District.

4.The Tahsildar, Palladam, Tiruppur District.

5.Kumarasamy ....Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent Nos.1 to 4 to permit the petitioner for laid down the pipeline from PAP Canal sluice to the extent of 100 feet situated in S.Nos.466/1B and 466/2A7, Naranapuram Village, Palladam Taluk, Tiruppur District, for enabling the petitioner to use the pathway as access the petitioner's land. For Petitioner :

Mr.C.Prakasam For Respondents : Mr.Yokesh Kannadasan Special Government Pleader for R1 to R4

O R D E R

This Writ Petition has been filed to direct the respondent Nos.1 to 4 to permit the petitioner to lay down the pipeline from PAP Canal sluice to the extent of 100 feet situated in S.Nos.466/1B and 466/2A7, Naranapuram Village, Palladam Taluk, Tiruppur District, for enabling the petitioner to use the pathway as access to his land.

2. The case of the petitioner is that the petitioner made a written representation to the first respondent on 22.09.2023 to permit him to lay down the pipeline from PAP Canal sluice to his land for free flow of water, however, the same has not been considered so far. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the first respondent is directed to dispose of the representations of the petitioner, dated 22.09.2023 on merits and in accordance with law, within a specified period.

4. The learned Special Government Pleader appearing for the respondents 1 to 4 has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the petitioner, dated 22.09.2023 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

17.10.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Sub-Collector, Tiruppur, Tiruppur District.

2.The Executive Engineer (Public Works Department/ Water Resources Organization), Parambikulam Aliyar Project Scheme, PAP Colony, Pollachi, Coimbatore District.

3.The Assistant Executive Engineer, (Public Works Department/ Water Resources Organization), Parambikulam Aliyar Project Scheme, Palladam, Tiruppur District.

4.The Tahsildar, Palladam, Tiruppur District.

M.DHANDAPANI, J.

ssb 17.10.2024