Nangaiappan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.18688 of 2015 Nangaiappan ... Petitioner Vs.

1. The District Collector, Tuticorin District, Tuticorin.

2. The Tahsildar, Tahsildar Office, Srivaikundam.

3. The President, Aathichanallur Village Panchayat, Velur, Aathichanallur.

4. K.Govindaraj ...

Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents 1 2&4 from plying any of their heavy vehicles (Lorries) in Survey No.1/1 at Velur/Aathichanallur Village Srivaikundam Taluk Tuticorin District involved in the tender process of restoration and maintain the Irrigation Water Capacity in Srivaikundam Anaicut and further directing the 1st and 2nd respondents to take necessary action against the 4th respondent. For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents 1-3 : Mr.K.Chellapandian, AAG assisted by Mr.A.K.Baskarapandian Special Government Pleader.

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) The prayer in the writ petition is to forbear the respondents 1, 2 and 4 from plying any of their heavy vehicles (Lorries) in Survey No.1/1 at Velur/Aathichanallur Village Srivaikundam Taluk, Tuticorin District involved in the tender https://hcservices.ecourts.gov.in/hcservices/

process of restoration and maintain the Irrigation Water Capacity in Srivaikundam Anaicut and to direct the respondents 1 and 2 to take necessary action against the fourth respondent. 2.According to the petitioner, the fourth respondent contractor by using vehicles destroyed the burial ground situated in Survey No.1/1, Velur/Aathichanallur Village, Srivaikundam Taluk, Tuticorin District. In this regard, the petitioner has given representation to the authorities on 21.09.2015. Since no order has been passed, the present writ petition has been filed. 3.Considering the limited prayer sought for in the writ petition and without expressing any opinion on the merits of the case, the first respondent is directed to consider the representation of the petitioner dated 21.09.2015 on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition is disposed of. No costs. Consequently, M.P(MD)No.1 of 2015 is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tuticorin District, Tuticorin.

2. The Tahsildar, Tahsildar Office, Srivaikundam.

3. The President, Aathichanallur Village Panchayat, Velur, Aathichanallur.

+ 1 CC TO MR.P.M.VISHNU VARTHANAN, ADVOCATE IN SR NO. 60527 SMS TE/JGB/ : 26/10/2015 : 2P/5C Writ Petition (MD) No.18688 of 2015 13.10.2015 https://hcservices.ecourts.gov.in/hcservices/