Madras High CourtWP/18775/2017disposed of

P.Dhamodharan, v. The District Collector

2019-11-07Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2019

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No. 18775 of 2017 and W.M.P.No.20297 of 2017 P. Dhamodharan ... Petitioner Vs

1. The District Collector, Tiruppur, Tiruppur District.

2. The District Revenue Officer, Tiruppur, Tiruppur District.

3. The Revenue Divisional Officer, Udumalpet, Tiruppur District.

4. The Tahsildar, Udulmalpet, Tiruppur District.

5. The Executive Engineer, Public Welfare Department cum Water Resources Organisation, Amaravathi Basin, A.R.P. Office, Dharapuram, Tiruppur District.

6. The Executive Engineer, Department of Highways, Madathukulam, Tiruppur District.

7. The Commissioner, Panchayat Union, Udumalpet, Tiruppur Distrtict.

8. A. Samiyappan, S/o.Arunchala Gounder

9. K. Ranganayaki, W/o. Karuppusamy

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the second respondent to consider the objections of the petitioner dated 23.06.2017 before passing final order on the application submitted by the respondents 8 and 9 for fixing underground water pipe lines in the Government Lands comprised in S. Nos.116/2, 166,151, 141 situated Elayamuthur Village, Udumalpet, Tiruppur District.

For Petitioners : Mr. K. Myilsamy For Respondents : Mr. R. Govindasamy, for R1 to R6 : Mr. D.Suriyanarayanan, for R7 : Mr. M.N. Balakrishnan, for R8

O R D E R

This writ petition has been filed seeking a direction to the second respondent to consider his objection for granting permission to the respondents 8 and 9 from laying underground piplines in the Government poramboke land.

2. According to the petitioner, the respondents 8 and 9 had earlier sought for permission to lay underground pipeline for taking water in the patta land in Survey No.115/1 and 142/B situated in Elayamuthur Village, Udumalpet, Tiruppur. Now, the application is pending for consideration before the second respondent / District Revenue Officer, Tiruppur. The petitioner filed his objections for granting permission to the respondents 8 and 9, but that has not been considered so far. Hence, the present writ petition has been filed.

3. The learned counsel appearing for the respondents 1 to 6, on instructions, submitted that the application filed by the petitioner is pending with the second respondent and so far no order has been passed.

4. Considering the limited prayer sought for in the writ petition, without going into the merits of the case, the second respondent is directed to consider the application filed by the respondents 8 and 9 and pass suitable orders on merits and in accordance with law, after considering the objection filed by the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar mrp To