Iyyakutty @Rathinasamy v. The Block Development Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD).Nos.4237 and 4238 of 2020 Iyyakutty @ Rathinasamy ... Petitioner Vs.

1.The Block Development Officer, Village Panchayat, Radhapuram, Tirunelveli District.

2.The Superintending Engineer, Public Works Department, Department of Water Resources, Tirunelveli Base, Tirunelveli, Tirunelveli District.

3.The Executive Engineer, Public Works Department, Department of Water Resources, Water Resources and Storage Division, (Nambiaru) Valliyoor, Tirunelveli District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the impugned communication dated 25.02.2020 under reference Na.Ka.No.B3/979/2019 issued by the first respondent to the petitioner and subsequently quash the same as in valid, arbitrary and erroneous forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader (for R1) Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader (for R2 & R3)

ORDER

The petitioner is aggrieved by the letter addressed by the first respondent/Block Development Officer, Village Panchayat, Radhapuram, Tirunelveli District, in Na.Ka.No.B3/979/2019 dated 1/4

25.02.2020 to the respondents 2 and 3 namely Superintending Engineer and the Executive Engineer of Public Works Department. By the said letter, the first respondent had complained that the petitioner is exploiting ground water by digging bore well and using the water for commercial purposes.

2.The learned counsel appearing for the petitioner states that the entire letter is motivated and based on a complaint, which itself is malafide in nature. However, the cause for the petitioner would arise only when the respondents 2 and 3 decide to act on the letter of the first petitioner. If they so desire, they must put the petitioner on notice in writing and the petitioner must be given sufficient opportunity to give his explanation and thereafter only, after hearing him, any order can be passed.

3.With the above observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To 1.The Block Development Officer, Village Panchayat, Radhapuram, Tirunelveli District.

2.The Superintending Engineer, Public Works Department, Department of Water Resources, Tirunelveli Base, Tirunelveli, Tirunelveli District.

3.The Executive Engineer, Public Works Department, Department of Water Resources, Water Resources and Storage Division, (Nambiaru) Valliyoor, Tirunelveli District.

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+1 CC to M/s.S.PALANIVELAYUTHAM, Advocate ( SR-10965[F] dated 11/03/2020 ) +1 CC to M/s.SPL.GP ( SR-11054[F] dated 11/03/2020 ) 10.03.2020 rmk KK/23.03.2020/ 3P- 6C 3/4