V.Vaiyanan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR W.P(MD)No.2013 of 2018 and W.M.P(MD)No.2235 of 2018 V.Vaiyanan ... Petitioner Vs.

1. The District Collector, Tuticorin District, Tuticorin.

2.The Tahsldar, Vilathikulam Taluk, 3.The Revenue Inspector, O/o The Revenue Office, Kadalgudi, Vilathikulam Taluk, 4.The Block Development Officer, Pudhur, Vilathikulam Taluk, 5.C.Shenbaga Subbaiah 6.M.Murugan 7.R.S.Sithu Reddy 8.S.Murugaiah 9.S.Pethuraj 10.V.Chellaiah ... Respondents (R6 to R10 were impleaded vide court order dated 02.04.2018 in W.M.P.(MD) No.3985 of 2018) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to initiate action against the persons for illegal drawing of water from Public Works Department Tank situated at

K.Subbiahpuram Village, Vilathikulam Taluk, Tuticorin District by using Motor Pump sets as per the communication issued by the third respondent on 03.01.2018.

For Petitioner : Mr.V.Perumal For R1 to R4 : Mr.K.Saravanan Government Advocate For R6 to R10 : Mr.R.Murali For R5 : No appearance

ORDER

(Judgment of this Court was delivered by M.M.SUNDRESH. J.,) Heard the learned counsel for the petitioner, learned Government Advocate appearing for the respondents 1 to 4 and the learned counsel appearing for the respondents 6 to 10. There is no representation for the fifth respondent.

2. The grievance of the petitioner is that illegal drawing of water is taking place.

3. The learned Government Advocate produced a communication dated 05.04.2017 sent by the Tahsildar to the Office of the Government Pleader enclosing the report of the Revenue Inspector and the Village Administrative Officer which indicate that the oil pumps have already been removed. It is also seen that there is no water in the tank as of now. As action has been taken by removing the oil pumps no further order is necessary. It is made clear that the official respondents shall take appropriate action as and when such illegality takes place.

4. In view of the above, this Writ Petition is disposed of. No costs. Consequently, connected W.M.P.(MD) No.2235 of 2018 is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The District Collector,Tuticorin District, Tuticorin.

2.The Tahsldar,Vilathikulam Taluk, 3.The Revenue Inspector,O/o The Revenue Office, Kadalgudi,Vilathikulam Taluk,

4.The Block Development Officer, Pudhur,Vilathikulam Taluk, +1cc to M/S.V.Perumal, Advocate SR.No. 78608 W.P(MD)No.2013 of 2018 and W.M.P(MD)No.2235 of 2018 14.08.2018 cm JM/SKN RSK/SAR 2/03.09.2018/3P/6C