Natesan v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2015

CORAM:

THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.19981 of 2015 Natesan .. Petitioner Vs.

1.The District Collector Trichy district, Trichy.

2.The Block Development Officer, Thathaiyangar Pettai Panchayat Union Office, Musiri Taluk, Trichy District.

3.The President, Valasiramani Village Panchayat Valasiramani Village, Musiri Taluk, Trichy District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of mandamus directing the Respondents not to form a road by destroying the channel situated in S.No.553/4, Valasiramani village, Musiri Taluk, Trichy District.

For Petitioner :

Mr.K.Govindarajan For Respondents : Mr.M.Rajarajan Government Advocate

O R D E R

Mr.M.Rajarajan, learned Government Advocate takes notice for the respondents. By consent of both parties, the writ petition itself is taken up for final disposal.

2.The petitioner seeks for a mandamus directing the respondents not to form a road by destroying the channel situated in S.No.553/4, Valasiramani village, Musiri Taluk, Trichy District. 3.The grievance of the petitioner is that his agricultural land has to be irrigated only through the particular channel situated in the above said survey number and if the said channel is destroyed by laying a road over the same, it would affect his right to get irrigation. It appears that the petitioner, ventilating such grievance, has made a representation on 29.09.2015 to the respondents. It is stated that the said representation is yet to be considered.

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4.Considering the above stated facts and circumstances and without expressing any view on the merits of the claim made by the writ petitioner, I only direct the second respondent to consider the representation of the petitioner after hearing the third respondent as well and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

5.This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar(C.S) To 1.The District Collector Trichy district, Trichy.

2.The Block Development Officer, Thathaiyangar Pettai Panchayat Union Office, Musiri Taluk, Trichy District.

3.The President, Valasiramani Village Panchayat Valasiramani Village, Musiri Taluk, Trichy District.

+1cc to M/S.K.Govindarajan, Advocate in SR.No. 64724 TS/17.11.2015/2P-5C/GSV-PM W.P.(MD)No.19981 of 2015 04.11.2015 https://hcservices.ecourts.gov.in/hcservices/