Akbarunnisa Begum v. The Director Of Rural
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.13861 of 2018 Akbarunnisa Begum : Petitioner Vs.
1. The Director of Rural Development, Panagal Buildings, Saidapet, Chennai-600 015.
2. The District Collector, Dindigul District, Collector Office Buildings, Dindigul.
3. The Assistant Director (Panchayats), Office of the Assistant Director of Panchayats, Dindigul.
4. The Special Officer/Block Development Officer, Dindigul East Panchayat, Balakrishnapuram Panchayat, Dindigul Panchayat Union Office, Dindigul.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider and dispose of the representation of the petitioner dated 31.03.2018 for construction of drainage in Govindaraj Nagar 4th Street, Balakrishnapuram, Dindigul Panchayat, on the basis of the recommendation of the then M.L.A. Selvi K.Balabharathi, out of the Assembly Constituency Development Fund for the year 2015-2016 upto the house of the petitioner, within a stipulated time.
For Petitioner : Mr.A.Hariharan For Respondents 1to3 : Mr.V.Anand, Government Advocate For Respondent No.4 : Mr.D.Muruganantham Standing Counsel ******
ORDER
The petitioner made a request to the respondents to construct a drainage channel in Govindaraj Nagar 4th Street, Balakrishnapuram, Dindigul Panchayat, where she resides. However, no action is taken so far. Hence, the Writ Petition.
2. Mr.V.Anand, learned Government Advocate, takes notice on behalf of the respondents 1 to 3 and Mr.D.Muruganantham, learned Standing Counsel, takes notice on behalf of the fourth respondent.
3. The learned Standing Counsel appearing for the fourth respondent, on instructions, would submit that there was a proposal to construct a drainage channel. However, the land belonging to the Railway is situated nearby and intervenes laying of pipeline to the place of the petitioner and the fourth respondent was unable to get No Objection Certificate from the Railways. Therefore, it could not be extended to the petitioner's place.
4. The petitioner made a representation dated 31.03.2018 to the respondents for the purpose of constructing a drainage channel to her Street.
5. Considering the limited scope of the prayer sought for by the petitioner in the present Writ Petition, a direction is issued to the fourth respondent to set out all the reasons stated by them before this Court and pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
6. The Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To
1. The Director of Rural Development, Panagal Buildings, Saidapet, Chennai-600 015.
2. The District Collector, Dindigul District, Collector Office Buildings, Dindigul.
3. The Assistant Director (Panchayats), Office of the Assistant Director of Panchayats, Dindigul.
4. The Special Officer/Block Development Officer, Dindigul East Panchayat, Balakrishnapuram Panchayat, Dindigul Panchayat Union Office, Dindigul.
+ 1 cc TO Mr.A.Hariharan , Advocate in SR No. 70256 + 1 cc TO The Special Government Pleader in SR No. 70493 SML AE/PN/SAR1/09.07.2018/3P/7C Order made in W.P.(MD)No.13861 of 2018 Dated: 28.06.2018