K.Ramaswamy v. The District Collector

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 14.06.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI W.P.(MD)NO.13462 OF 2019 K.Ramaswamy .. Petitioner - Vs -

1. The District Collector Sivagangai District, Sivagangai.

2. The Assistant Director (Panchayat) Sivagangai District, Sivagangai.

3. The Block Development Officer (Village Panchayat) Thiruppuvanam Block Thiruppuvanam, Sivagangai District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus direct the respondents to alter the places of 2 borewells in Survey No.153/1 (Sangalikarupu Kovil) and 136/4c (Madu Adaiyum Pottal), Sangangulam Village, Sivagangai District under the State Fund Scheme to consider on the base of our villagers representation.

For Petitioner : Mr. K.K.Maheshraja For Respondents : Mr.J.Gunaseelan Muthaiah, AGP

ORDER

(Order of the Court was made by M.Sathyanarayanan, J.) The petitioner claims to be a resident of Sangangulam, Thiruppuvanam Taluk, Vallarendral Union, Sivagangai District and he has filed this writ petition, styled as public interest litigation alleging among other things that there is always acute shortage of water in his village and the residents of the village are suffering very much on account of the said water shortage and instead of properly identifying the water resources and locating bore wells, for extraneous consideration attempts are being made to put up a bore well far away. The representation given in this regard did not evoke any response and, therefore, the petitioner has come forward to file this petition.

2. Learned counsel appearing for the petitioner has drawn the attention of this Court to the typed set of documents and affidavit filed in support of the petition and prays for appropriate orders.

3. This Court heard the submissions of the learned counsel appearing for the petitioner and Mr.J.Gunaseelan Muthaiah, learned Addl. Government Pleader, who accepts notice on behalf of the respondents.

4. A perusal of the representation submitted by the petitioner as well as the affidavit filed in support of the writ petition clearly reveal that they are bereft of any material particulars as to the requirement of the petitioner. Be that as it may, since the issue pertains to provision of a basic necessity, viz., water, the petitioner is at liberty to submit a detailed representation alongwith relevant particulars to respondents 1 to 3 within a period of three weeks from the date of receipt of a copy of this order and upon receipt of the same, respondents 1 to 3, after putting the concerned persons on notice, shall consider the said representation and dispose of the same on merits and in accordance with law within a further period of four weeks thereafter and communicate the decision taken to the petitioner as well as to the persons concerned.

5. This writ petition is disposed of on the above terms. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) GLN

To

1. The District Collector Sivagangai District, Sivagangai.

2. The Assistant Director (Panchayat) Sivagangai District, Sivagangai.

3. The Block Development Officer (Village Panchayat) Thiruppuvanam Block Thiruppuvanam, Sivagangai District.

+ 1 CC TO Mr.Mahesh Raja, ADVOCATE IN SR No.68670/19 + 1 CC to The Special Government Pleader SR.No.69594/19 W.P.(MD)NO.13462 OF 2019 14.06.2019 KS(25.06.2019) 3 P 6 C