M.Karunanithi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.27699 of 2018 and W.M.P.No.32220 of 2018 M.Karunanithi .. Petitioner Vs.

1. The District Collector,

2. The Revenue Divisional Officer,

3. The Tahsildar,

4. The Executive Engineer, PWD WRO, Ground Water Division CLC, Mannapuram (Perambalur Jurisdiction), Trichy - 20.

5. Ganesan .. Respondents PRAYER: Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st to 4th respondents to stop the Ground Water taking by the 5th respondent by Lorry or Tractor for commercial purpose further directing the 1st to 4th respondents to close the well of 5th respondent.

For Petitioner : Mr.S.Ramajayam For Respondents: Mr.V.Shanmugasundar Special Government Pleader

O R D E R

The present Writ Petition has been filed for issuance of a Writ of Mandamus directing the 1st to 4th respondents to consider the petitioner's representation dated 15.09.2018.

2. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 15.09.2018 stating that the 5th respondent, who is the Proprietor of the Asvin Hotel situated at No.8/170A, Eraiyasamuthiram Village, Kalpadi Post, Perambalur Taluk & District, is drilling the house plot for installing bore well and taking the ground water through lorry for commercial purpose on day-to-day basis, which would affect the people residing in that locality. But, the said representation is yet to be disposed of by the authorities concerned. Hence, the petitioner has come before this Court.

3. Heard Mr.V.Shanmugasundar, learned Special Government Pleader appearing on behalf of the respondents.

4. Considering the facts and circumstances of the cases and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the 1st to 4th respondents to consider the petitioner's representation dated 15.09.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner as well as the 5th respondent herein and also affording due opportunity of hearing to the petitioner, the 5th respondent herein as well as any of the interested parties, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar asi To

1. The District Collector,

2. The Revenue Divisional Officer,

3. The Tahsildar,

4. The Executive Engineer, PWD WRO, Ground Water Division CLC, Mannapuram (Perambalur Jurisdiction), Trichy - 20.

+1 CC to Mr.S.Ramajayam, Advocate sr 81466.

W.P.No.27699 of 2018 and W.M.P.No.32290 of 2018 VGII(CO) SP(20/12/2018)