S.M.Seetharaman v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.01.2020

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.35929 of 2019 S.M.Seetharaman ..

Petitioner

Versus

1.The Collector, Office of the Collectorate, 2.The Executive Engineer, Public Works Department, (Water resources), Kilpannaiyaaru via land Division, Villupuram, Villupuram District.

3.The Sub Collector, Tindivanam, 4.The Assistant Executive Engineer, Public Works Department, Tindivanam, Villupuram District.

5.The Tahsildar, Gingee, Villupuram District.

6.The Assistant Executive Engineer, Water Resources, Gingee, 7.The Village Administrative Officer, Mazhavanthangal Village, Gingee Taluk,

...Respondents

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PRAYER:- Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 24.10.2019 given to the 2nd respondent herein and representation dated 07.11.2019 given to the respondents 1 and 3 to 7 herein and to direct the respondents to stop laying road in and through the Mazhuvanthangal Lake and to lay already existing Erikarai (Bund) Road properly which runs from Mazhavanthangal Village to Villupuram Main Road. For Petitioner : Mr.P.Balamurugan For Respondents: Mr.A.N.Thambidurai Special Government Pleader

ORDER

[Order of the Court was made by M.SATHYANARAYANAN,J.,] The Writ Petition is styled as a Public Interest Litigation and the grievance expressed by the petitioner is that in Mazhavanthangal Village, Gingee Taluk, Villupuram District, there is a water body and the official respondents namely, respondents 2 to 4 are taking steps to lay a Tar road right across the said water body. The learned counsel appearing for the petitioner would submit that despite the fact that regular roads are not maintained, which is full of potholes, weird idea dawned upon by the said respondents to laying Tar road right across the said water body and hence prays for appropriate orders.

2. This Court heard the submission of Mr.A.N.Thambidurai, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 7.

3. Though the petitioner prays for larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the respondents 4 and 6 to whom the copy of the representation dated 11.12.2019 had already been marked, to consider the said representation in accordance with law after causing inspection of the said lake and pass appropriate orders 2/4

within a period of ten (10) weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

4. The Writ Petition stands disposed of with the above observation. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sk To 1.The Collector, Office of the Collectorate, 2.The Executive Engineer, Public Works Department, (Water resources), Kilpannaiyaaru via land Division, Villupuram, Villupuram District.

3.The Sub Collector, Tindivanam, 4.The Assistant Executive Engineer, Public Works Department, Tindivanam, Villupuram District.

5.The Tahsildar, Gingee, Villupuram District.

6.The Assistant Executive Engineer, Water Resources, Gingee, 3/4

7.The Village Administrative Officer, Mazhavanthangal Village, Gingee Taluk, +1cc to Mr.P.Balamurugan, Advocate sr.662 +1cc to Government Pleader SR.NO. 953 WP.No.35929 of 2019 vgi(co) nr 11/02/2020 4/4