K.M. Rahamadulla v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) Nos.2234/14 & 5851 of 2013 & MP(MD) NO.2 of 2014 in WP(MD) No.2234/2014 & MP(MD)NO.1 of 2013 in WP(MD)No.5851/2013 WP(MD)No.2234/14 K.M.Rahamadulla ... Petitioner Vs.

1.The District Collector, 2.The Commissioner, Kadayanallur Municipality, 3.The Executive Engineer, Tenkasi, Tirunelveli District.

4.The Assistant Engineer, Sitharu Basin Division, ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 to 4 from leaving the drainage and sewage water into the Attakulam - Pappan Kalvai Channel and into the agricultural lands situated on its southern side.

WP(MD)No.5851/13 N.M.S.Ahamed ... Petitioner Vs.

1.The Commissioner, Municipal Administration, Chennai - 600 005.

2.The District Collector, 3.Kadayanallur Municipality, rep.by its Commissioner, 4.The Superintending Engineer, Water Resources Organisation, Palayamkottai, Tirunelveli District.

5.The Assistant Engineer, Water Resources Organisation, Sitharu Basin Organisation, 6.Abdul Kadhar S/o.Sonny Kaja Mydeen 7.Abdhul Kadhar,S/o Sonny Shahul Hameed ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 to 5 from leaving the drainage water passing through the Attakulam - Pappan Kalvai Channel Kadayanallur and into the agricultural lands situated on its southern side.

For Petitioners : Mr.R.Ramasamy (both WPs.) For RR - 1, 3 & 4 : Mr.M.Govindhan Spl.Govt.Pleader For R - 2 : Mr.C.M.Maria Chelliah Prabhu (WP No.2234/14) For RR - 1,2,4 & 5 : Mr.M.Govindhan Spl.Govt.Pleader in WP No.5851/2013 For R - 3 : Mr.P.Srinivas (WP No.5851/13) For RR - 6 & 7 : Mr.T.Anthony Arulraj COMMON ORDER (Order of the Court was made by R.SUDHAKAR,J.) These writ petitions have been filed praying to forbear the respondents 1 to 5 from leaving the drainage and sewage water into the Attakulam - Pappan Kalvai and the agricultural lands situated on its southern side.

2. Heard both sides.

3. The grievance of the petitioners is that the representations dated 16.12.2013 and 11.03.2013 submitted by them have not been considered so far and hence, these writ petitions.

4. Though the petitioners have sought for the relief as above, the learned Counsel for the petitioners would submit that the representations dated 16.12.2013 and 11.03.2013 submitted by the petitioners may be directed to be considered.

5. Accordingly, without going into the merits of the petitioner's claim, the District Collector, Tirunelveli is directed to verify the nature of the complaint made by the petitioners and consider their representations dated 16.12.2013 and 11.03.2013 on its own merit and in accordance with law, as expeditiously as possible. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to deal with the matter on its own merit as per law.

6. With the above direction, these writ petitions stand disposed of. Consequently, the connected miscellaneous petitions are closed. No costs Sd/- Assistant Registrar Crl.Side) /True Copy/ Sub Assistant Registrar mj To 1.The Commissioner, Municipal Administration, Chennai.

2.The District Collector, 3.The Commissioner, Kadayanallur Municipality, 4.The Superintending Engineer, Palayamkottai, Tirunelveli District.

5.The Assistant Engineer, Sitharu Basin Division, Kadayanallur, Tirunelveli District.

6. The Executive Engineer, Tenkasi, Tirunelveli District.

+2CC to Mr.R.Ramasamy Advocate Sr.No.48355 & 48354. +1CC to Mr.P.Srinivas Advocate Sr.No.47635 +1CC to Mr.T.Antony Advocate Sr.No.48011 GJM/SKS/RR/5.10.15-4P-10C Writ Petition (MD) Nos.2234/14 & 5851 of 2013 & MP(MD) NO.2 of 2014 in WP(MD) No.2234/2014 & MP(MD)NO.1 of 2013 in WP(MD)No.5851/2013 19.08.2015