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Madras High CourtWP/35981/2024allowed

Saravanan v. The District Collector

2024-12-04Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN Saravanan ... Petitioner Vs

1. The District Collector,

2. The Revenue Divisional Officer,

3. The Block Development Officer,

4. The President Kallakurichi Panchayat, Gudiyatham ....

Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the respondent to consider the petitioner's representation dated 02.09.2024 consequently direct the respondent to remove the unused Well situated in S.No.237/74 1/5

in K.Mottur Village, Gudiyatham Taluk, Vellore district. For Petitioner : Mr.S.N.Subramani For Respondents : Mr.Naveen Kumar Govt. Advocate for R1 & R2 Mr.A.Anandan Government Advocate for R3 & R4

O R D E R

This writ petition has been filed for issuance of a writ of mandamus to direct the respondent to consider the petitioner's representation dated 02.09.2024 consequently direct the respondent to remove the unused Well situated in S.No.237/74 in K.Mottur Village, Gudiyatham Taluk, Vellore district.

2. In the affidavit filed in support of the writ petition the petitioner has stated that there is an unused Panchayat Well at S.No.237/74 at K.Mottur Village, Gudiyatham Taluk for the past sixty years. None of the residence are utilising water from the said Well and they have been provided with over tank water facility. The said well is used for dumping 2/5

waste. Under these circumstances, the writ petition has been filed seeking a direction to examine the representation given to remove the said Well. The same cannot be removed but it can only be closed.

3. The learned Government Advocate appearing for the 4th respondent forwarded a copy of the letter dated 03.12.2024 received from the 4th respondent herein that the 4th respondent would close the said Well since it is unused and is used as a dumping place.

4. Direction is issued to the respondents to close the Well on or before 31.01.2025. Accordingly, the writ petition is allowed. No costs. 04.12.2024 dpq Index: Yes/No Speaking order / Non speaking order To

1. The District Collector,

2. The Revenue Divisional Officer, 3/5

3. The Block Development Officer,

4. The President Kallakurichi Panchayat, Gudiyatham C.V. KARTHIKEYAN, J.

dpq 4/5

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