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Madras High CourtWP(MD)/12232/2018disposed of

Adv.Lakshmikanth.G. v. The District Collector,

2018-06-08Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12232 of 2018 Adv.Lakshmikanth G.

... Petitioner -Vs1. The District Collector, Kanyakumari District, Nagercoil.

2. The Assistant Director (Panchayats), Collector Office, Nagercoil, Kanyakumari District.

3. The Block Development Officer, (Village Panchayat), Rajakkamangalam Panchayat Union, Pazhavilai and Post, Kanyakumari District.

4. The Special Officer, Dharamapuram Village Panchayat Office, Thikkilanviali, South Soorangudi Post, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the third and fourth respondents to provide drinking water supply connection to the petitioner's house in Door No.22/114A, New Survey No.224/16 situated at Keerivilai, Dharmapuram Village Panchayat, Kanyakumari District, on the basis of the representation of the petitioner dated 19.04.2018.

For Petitioner : Mr.L.George Paul Anto For Respondents : Mr.V.Anand, Government Advocate.

ORDER

Heard Mr.L.George Paul Anto, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate, who takes notice on behalf of the respondents.

2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 3.It is the grievance of the petitioner that his representation dated 19.04.2018 to provide drinking water supply

connection to the petitioner's house in Door No.22/114A, New Survey No.224/16 situated at Keerivilai, Dharmapuram Village Panchayat, Kanyakumari District, has not been considered by the respondents till date and therefore, he has filed the present writ petition. 4.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. 5.

In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's representation dated 19.04.2018 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Such an exercise shall be done, after giving due opportunity to the petitioner as well as any other persons, who may be interested in the subject matter.

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Assistant Director (Panchayats), Collector Office, Nagercoil, Kanyakumari District.

3. The Block Development Officer, (Village Panchayat), Rajakkamangalam Panchayat Union, Pazhavilai and Post, Kanyakumari District.

4. The Special Officer, Dharamapuram Village Panchayat Office, Thikkilanviali, South Soorangudi Post, Kanyakumari District.

+ 1 CC TO Mr.L.GEORGE PAUL AUTO, ADVOCATE IN SR No. 67454 MYR TE/JC/SAR-3 : 21/06/2018 : 2P/6C W.P.(MD)No.12232 of 2018 08.06.2018 https://hcservices.ecourts.gov.in/hcservices/