Madras High CourtWP(MD)/8755/2022disposed of

Anandan . v. The District Collector

2022-04-29Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Anandan ... Petitioner vs.

1.The District Collector, Madurai District, Madurai - 625 020.

2.The District Revenue Officer, Madurai, Madurai District.

3.The Revenue Divisional Officer, Usilampatti, Madurai District.

4.The Tahsildar, Peraiyur, Peraiyur Taluk, Madurai District.

5.The Superintending Engineer, Water Resource Department, Public Works Department Office Campus, Vaipor Basin Circle, Virudhunagar District.

6.The Executive Engineer, Water Resource Department, Public Works Department Office Campus, Gundar Basin, Peraiyur Sub Division, Usilampatti, Madurai District.

7.The Sub Division Officer, Water Resource Department, Public Works Department Office Campus, Gundar Basin, Peraiyur Sub Division, Usilampatti, Madurai District.

8.The Assistant Engineer/Junior Engineer, Water Resource Department, Public Works Department Office Campus, Gundar Basin, Peraiyur Sub Division, Usilampatti, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 21.04.2022 and to prepare a voter list to conduct election for the Vandapuli Periyakulam Kanmai Water Users Association situated at Survey No.164, Vandapuli Village, Peraiyur Taluk, Madurai District as per the Tamil Nadu Farmers Management of Irrigation Systems Rules, 2002 within a stipulated time that may be fixed by this Court. 1/3

For Petitioner :Mr.R.Karunanidhi For Respondents :Mr.T.Amjad Khan Government Advocate *****

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 representation, dated 21.04.2022 requesting the official respondents to prepare a voter list to conduct the election for the Vandapuli Periyakulam Kanmai Water Users Association situated at Survey No.164, Vandapuli Village, Peraiyur Taluk, Madurai District as per the Tamil Nadu Farmers Management of Irrigation Systems Rules, 2002, within a time frame to be fixed by this Court. 2.The petitioner has stated in the affidavit filed in support of this Writ Petition that there are some discrepancies in the voter list prepared by the official respondents and some of the voters have been left out. In such circumstances, he has given a representation on 21.04.

2022 to the official respondents requesting them to prepare a voter list to conduct the election for the Vandapuli Periyakulam Kanmai Water Users Association 3.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner. However, it is made clear that the present Writ Petition cannot be taken as a ruse for the petitioner to challenge the election in the near future for the Vandapuli Periyakulam Kanmai Water Users Association.

4.For the foregoing reasons, this Court directs the first respondent to consider the petitioner's representation, dated 21.04.2022 seeking for preparation of voters list to conduct election for the Vandapuli Periyakulam Kanmai Water Users Association situated at Survey No.164, Vandapuli Village, Peraiyur Taluk, Madurai District as per the Tamil Nadu Farmers Management of Irrigation Systems Rules, 2002, and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner as expeditiously as possible.

5.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) cmr 2/3

To 1.The District Collector, Madurai District, Madurai - 625 020.