Madras High CourtWP(MD)/5953/2018disposed of

S.Mathavan, v. The Chief Engineer, Water

2018-03-21Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.5953 of 2018 S.Mathavan ...

Petitioner Vs.

1. The Chief Engineer, Public Works Office, Thallakulam, Madurai District.

2. The Superintending Engineer, (Water Resources Organization), 27, Water Tank Road, Palayamkottai, Tirunelveli District.

3. The Executive Engineer, Chitraru Basin Division, Tenkasi, Tirunelveli District.

4. The Assistant Executive Engineer (SDO), Water Resources Organization Chitraru Water Basin Sub Division, Nanguneri, Tirunelveli District.

5. The Assistant Engineer, Water Resources Organization Public Works Department, Nambiyar Basin Sub Division, Nanguneri, Tirunelveli District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 4th and 5th respondents to send the ground report as directed by the 3rd respondent in his proceedings dated 22.12.2014 and also directing the 1st to 3rd respondents to pass appropriate orders on the petitioners proposal dated 12.12.2015 within stipulated time.

For Petitioner : Mr.S.Chellapandian For Respondents : Mrs.J.Padmavathidevi Special Government Pleader.

ORDER

This writ petition has been filed seeking direction to the the respondents 4 and 5 to send ground report as directed by the third respondent vide his proceedings dated 22.12.2014 and direct the respondents 1 and 3 to pass appropriate orders on the petitioners proposal dated 12.12.2015.

2.According to the petitioner, he is the owner of the land in S.No.912/1, Thirukurunkudi Village, Nanguneri Taluk and he is also having certain lands in S.No.479. According to him, there is a river called Nambiyaru running in between his lands. As the petitioner is not able to move his agricultural logistics to his lands, he submitted a representation dated 14.03.2018 before the respondents 1 and 2 seeking permission to construct a culvert. Since no order has been passed, the present writ petition has been filed.

3.Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the respondents 1 and 2 to consider the representation of the petitioner, dated 14.03.2018 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition is disposed of. No costs.

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

1. The Chief Engineer, Public Works Office, Thallakulam, Madurai District.

2. The Superintending Engineer, (Water Resources Organization), 27, Water Tank Road, Palayamkottai, Tirunelveli District.

3. The Executive Engineer, Chitraru Basin Division, Tenkasi, Tirunelveli District.

4. The Assistant Executive Engineer (SDO), Water Resources Organization.

Chitraru Water Basin Sub Division, Nanguneri, Tirunelveli District.

5. The Assistant Engineer, Water Resources Organization Public Works Department, Nambiyar Basin Sub Division, Nanguneri, Tirunelveli District.

+1cc to Mr.S.Chellapandian, Advocate Sr.No.57026 +1cc to Spl.Government Pleader Sr.No.57600 SMS VB/KK/SAR1/16.04.2018/3P/8C Writ Petition (MD) No.5953 of 2018 21.03.2018