K.Maharajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2024 CORAM :

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE P.B.BALAJI K.Maharajan .. Petitioner Vs 1.The District Collector, Villupuram, 2.The Revenue Divisional Officer, Tindivanam, Villupuram District.

3.The Block Development Officer, Vallam, Gingee Taluk, 4.The Tahsildhar, 5.The Village Panchayat President, Pondhai Village, .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the respondents, their men and subordinates or any other persons authorised by them from constructing over head water tank in Survey No.54/2B, Pondhai Village, Gingee Taluk, Villupuram District by considering the poetitoiner representation dated 14.10.2024.

For the Petitioner : Mr.G.Tamilselvan For the Respondents : Mr.M.Habeeb Rahman Government Advocate

ORDER

(Order of the Court was made by D.Krishnakumar, J.) This writ petition has been filed by the petitioner for issuance of a writ of mandamus forbearing the respondents from constructing a over head water tank in Survey No.54/2B, Pondhai Village, Gingee Taluk, Villupuram District.

2. According to the petitioner, the fifth respondent started to construct a over head water tank in Survey No.54/2B, which is

a Kulam (waterbody). In fact, the fifth respondent dug pits in the aforesaid survey number, thereby causing hindrance for free movement of the general public to reach the Murugan temple. In this regard, the petitioner has submitted a representation on 14.10.2024 to respondents 1 to 4 requesting them to stop the construction of the over head water tank in the aforesaid survey number. Despite the receipt of the representation, no action has been taken against the fifth respondent. Hence, the petitioner has filed the present petition with the aforesaid prayer.

3. Considering the submissions made by learned counsel for the petitioner and without going into the merits of the matter, we direct the first respondent to consider and pass orders on the representation of the petitioner dated 14.10.2024 on merits and in accordance with law, after hearing all concerned, within a period of six weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.34777 of 2024 is closed.

(D.K.K., J.) (P.B.B., J.) 29.10.2024 Index :

Yes/No NC :

Yes/No bbr To:

1.The District Collector, Villupuram, 2.The Revenue Divisional Officer, Tindivanam, Villupuram District.

3.The Block Development Officer, Vallam, Gingee Taluk, 4.The Tahsildhar, 5.The Village Panchayat President, Pondhai Village,

D.KRISHNAKUMAR,J.

AND P.B.BALAJI,J.

bbr 29.10.2024