Madras High CourtWP(MD)/12036/2019disposed of

T.Thangavel, v. The Thasildar,

2019-05-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.05.2019

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.12036 of 2019 and W.M.P.(MD).No.9065 of 2019 T.Thangavel .. Petitioner Vs.

The Tahsildar, Oddanchatram Taluk, Dindigul District.

.. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to renew the permission granted vide proceedings in Mu.Mu. 5991/06A3 dated 11.07.2006 for carrying water from the patta land in Sy.No.156/6 to Sy.No.26/3 of Thasaripatti village through the poromboke lands by considering the representation of the petitioner dated 03.05.2019. For Petitioner : Mr.K.Sami Durai For Respondent : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

This writ petition is filed seeking a Writ of Mandamus to direct the respondent to renew the permission granted vide proceedings in Mu.Mu. 5991/06A3, dated 11.07.2006, for carrying water from the patta land in Sy.No.156/6 to Sy.No.26/3 of Thasaripatti village through the poromboke lands by considering his representation dated 03.05.2019.

2.MrK.Mu,Muthu learned Additional Government Pleader takes notice for the respondent.

3.By consent of both the parties, this writ petition is taken up for final hearing at the stage of admission itself. 4.Heard both sides.

5.The case of the petitioner is that the property in Survey No.156/6 of Thasaripatti Village, belongs to him. He decided to draw water from the said land for agricultural purpose, for which, he made an application to the respondent seeking permission to draw a pipeline through the Government poromboke lands for https://hcservices.ecourts.gov.in/hcservices/

carrying water to his agricultural lands. By considering his application, the respondent granted permission vide proceedings dated 11.07.2006. Now, the petitioner made a representation to the respondent on 03.05.2019, seeking to renew the said permission. However, the said representation has not been considered so far. Hence, the petitioner is before this Court. 6.The learned counsel appearing for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 03.05.2019 is directed to be disposed of by the respondent as per law.

7.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondent to consider the representation of the petitioner dated 03.05.2019 and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of as above. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (vo) // True Copy // Sub Assistant Registrar(CS) To The Tahsildar, Oddanchatram Taluk, Dindigul District.

+1 CC to M/s.K.SAMI DURAI, Advocate( SR-65918[F] dated 16/05/2019 ) +1 CC to M/s.SPL GP ( SR-66024[F] dated 16/05/2019 ) smn/tsg ORDER MADE IN W.P(MD)No.12036 of 2019 15.05.2019 KM/(22.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/