Sukumaran .D v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD) No.5512 of 2023 D.Sukumaran ... Petitioner Vs.

1.The District Collector Madurai Collector Office, Madurai.

2.The Tahsildar Melur Taluka Office, Melur, Madurai District.

3.The Panchayat President Ettimangalam Village, Melur, Madurai District.

4 Senthil ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1 to 3 1/5

respondents to consider petitioner's objection letter, dated 13.03.2023 for digging bore well within 100 mts. radius from petitioner bore well . For Petitioner : M/s.S.Arunnithy For Respondents : Mr.N.Muthu Vijayan - for R1 & R2 Special Government Pleader Mr.M.Ramesh - for R3 Government Advocate Mr.S.Ramasamy - for R4

O R D E R

The petitioner and the fourth respondent are neighbours. It would have been more peaceful and there had been harmony between the two of them. But the issue of digging a bore-well appears to have agitated both the petitioner and the fourth respondent. The petitioner had dug a bore-well in the year 2018. For good measure, the brother of the fourth respondent had now applied to the third respondent Panchayat, Ettimangalam Village, Melure in Madurai District, seeking permission to 2/5

dig a bore-well. The petitioner has given a representation protesting against that. The issue has to be decided only by the third respondent /Panchayat President.

2. The learned counsel is present and he states that an application has been received from one Sathish Kumar who is said to be brother of the fourth respondent seeking permission to dig a bore-well. But permission has not yet been granted. Water is required for everybody, who has a family and house.

3. Let the Panchayat take a considered decision after taking into consideration the objection of the petitioner and balancing it with the necessities of the fourth respondent / Sathish Kumar for requirement of water

4. The fact that the petitioner had also dug a bore well earlier may also be taken into consideration while coming into a decision regarding grant or otherwise of permission.

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5. With the above observation, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

20.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm To 1.The District Collector Madurai Collector Office, Madurai.

2.The Tahsildar Melur Taluka Office, Melur, Madurai District.

3.The Panchayat President Ettimangalam Village, Melur, Madurai District.

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C.V.KARTHIKEYAN, J.

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