Sindhu.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Sindhu ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Theni.

2.The Tahsildar, Office of the Tahsildar, Uthamapalayam Taluk, Theni District.

3.The Executive Engineer, Public Works Department Water Resources (Organisation), Periyar Vaigan Basin Division, Madurai.

4.The Commissioner, Gudalur (Theni) Municipality, Gudalur, Theni District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to consider the representations of the petitioner dated 04.09.2021 and 25.01.2022 based on the proceedings issued by the fourth respondent dated 25.01.2022 made in Na.Ka.No.1126/2020/F1 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.P.Mahendran For R-1 to R-3 : Mr.D.Sasikumar Additional Government Pleader

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's representations, dated 04.09.2021 and 25.01.2022, seeking for relocation of sewage treatment plant and pass final orders, within a time frame to be fixed by this Court.

2.Heard Mr.P.Mahendran, learned counsel appearing for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3. 3.As seen from the documents filed along with the writ petition, the petitioner's representations referred to supra have already been acted upon and enquiry proceedings has already been initiated by the fourth respondent on 25.01.2022. Since the enquiry 1/3

proceedings has already been initiated, no prejudice will be caused to the respondents, if the petitioner's representation, seeking for relocation of sewage treatment plant, is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other necessary party, whom the fourth respondent deems fit to enquire, within a time frame to be fixed by this Court.

4.For the foregoing reasons, this Court directs the first respondent to consider the petitioner's representation, dated 04.09.2021 and 25.01.2022 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other necessary party, whom the first respondent deems fit to enquire, within a period of four months from the date of receipt of a copy of this order.

5.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TM To 1.The District Collector, Office of the District Collector, Theni.

2.The Tahsildar, Office of the Tahsildar, Uthamapalayam Taluk, Theni District.

3.The Executive Engineer, Public Works Department Water Resources (Organisation), Periyar Vaigan Basin Division, Madurai.

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4.The Commissioner, Gudalur (Theni) Municipality, Gudalur, Theni District.

+1 CC to M/s.P. MAHENDRAN, Advocate ( SR-20341[F] dated 22/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-20467[F] dated 22/04/2022 ) W.P.(MD)No.7641 of 2022 21.04.2022 GM(CO) GC(11.05.2022) 3P 7C 3/3