M.Muthulingam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2018
CORAM:
THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.P.[MD].No.9595 of 2018 and W.M.P.(MD).No.8865 of 2018 M.Muthulingam : Petitioner Vs.
1. The District Collector, Tirunelveli District, Tirunelveli.
2. The Block Development Officer, Valliyoor Union, Valliyoor, Tirunelveli District.
3. The Superintendent of Police, Tirunelveli District, Tirunelveli.
4. The Inspector of Police, Palavoor Police Station, Palavoor, Tirunelveli District.
: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to prevent the miscreants as well as strangers in filling up the garbage and empty liquor bottle in the Well, namely, Nambiyan Kinaru at Palavoor Village, Tirunelveli District and also using the vacant site as for consuming liquors forthwith and also further a direction to the respondents to maintain the said Well for the usage of general public as a drinking water sources. For petitioner : Mr.S.Palani Velayutham For respondents 1,3&4 : Mr.R.Sethuraman Special Government Pleader For Respondent No.2 : Mr.B.Bhagavathi Government Advocate
O R D E R
*********** [Order of the Court was made by C.T.SELVAM, J.] The petitioner seeks a Writ of Mandamus, directing the respondents to prevent the miscreants as well as strangers in filling up the garbage and empty liquor bottle in the Well, namely, Nambiyan Kinaru at Palavoor Village, Tirunelveli District and also using the vacant site as for consuming liquors forthwith and also a further direction to the respondents to maintain the said Well for the usage of general public as a drinking water source.
2. The learned counsel appearing for the petitioner submits that the petitioner has made a representation dated 15.03.2018 to the second respondent towards the relief as prayed for by him, which remains unanswered till date.
3. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the second respondent is directed to consider the representation of the petitioner dated 15.03.2018 and if he finds merits therein, he shall direct the authorities concerned to take steps towards avoiding nuisance, as indicated by the petitioner, in his representation.
4. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Tirunelveli District, Tirunelveli.
2. The Block Development Officer, Valliyoor Union, Valliyoor, Tirunelveli District.
3. The Superintendent of Police, Tirunelveli District, Tirunelveli.
4. The Inspector of Police, Palavoor Police Station, Palavoor, Tirunelveli District.
+1CC to Spl. Government Pleader, Sr.64101 +1CC to M/s.S.Palanivelayutham, Advocate, Sr.64041 NB JM/KKR/SAR-III/17.05.2018/3P-7C ORDER MADE IN W.P.[MD].No.9595 of 2018 26.04.2018