Madras High CourtWP(MD)/8372/2022disposed of

Mohan .M v. The District Collector

2022-04-28Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022

CORAM

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

1.The District Collector, 2.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin.

3.The Block Development Officer, Vilathikulam Panchayat Union, Vilathikulam, 4.The President, Keelavaippar Panchayat Council, Keelavaippar, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to repair, reconstruct and strengthen the bund on the northern side of the Kundaperumal Kulam situated in Survey No.437, Vaippar-II Village, Vilathikulam Taluk, Thoothukudi District by considering the petitioner's representation dated 05.08.2021.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This Writ Petition has been filed seeking for a limited relief. The petitioner seeks for re-construction and strengthening of the bund on the northern side of Kundaperumal Kulam situated in Survey No.437, Vaippar-II Village, Vilathikulam Taluk, Thoothukudi District.

2.The petitioner has given a representation to the respondents on 05.08.2021 for the said purpose. Since the said representation has not been considered till date, he has filed this Writ Petition. 1/3

3.Heard Mr.G.Prabhu Rajadurai, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. 4.The learned Special Government Pleader appearing for the respondents, on instructions, would submit that it may not be possible for the respondents to strengthen the bund as sought for by the petitioner, as the petitioner is running salt manufacturing business and there are several agitations for construction of the same. However, the same is disputed by the learned counsel for the petitioner.

5.No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law.

6.For the foregoing reasons, this Court directs the third respondent to consider the petitioner's representation dated 05.08.2021 and pass final orders with regard to his request for reconstruction and strengthening of the bund on the northern side of Kundaperumal Kulam situated in Survey No.437, Vaippar-II Village, Vilathikulam Taluk, Thoothukudi District within a period of twelve

(12) weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner.

7.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The District Collector, 2.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin.

3.The Block Development Officer, Vilathikulam Panchayat Union, Vilathikulam, 2/3

4.The President, Keelavaippar Panchayat Council, Keelavaippar, +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-22453[F] dated 29/04/2022 ) 28.04.2022 RS (25.05.2022) 3P-6C 3/3