R. Radhakrishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.3917 of 2014 R.Radhakrishnan ... Petitioner Vs.

1.The District Collector cum Inspector of Panchayats, Thoothukudi District, Thoothukudi.

2.The Commissioner, Ottapidaram Panchayat Union, Ottapidaram, Thoothukudi District.

3.The Block Development Officer, National Rural Employment Guarantee Scheme, Ottapidaram Panchayat Union Office, Ottapidaram, Thoothukudi District.

4.The Tahsildar, Ottapidaram Talukk, Ottapidaram, Thoothukudi District.

5.The President, Jegaveerapandiyapuram Village Panchayat, Jegaveerapandiyapuram, Melaseithalai Post, Ottapidaram Taluk, Thoothukudi District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents 1 to 5 herein from putting up any building construction in the water course in S.No.102/2 of Jegaveerapandiyapuram village, Ottapidaram Taluk, Thoothukudi District.

For Petitioner : Mr.D.Srinivasaragavan For Respondents 1-4 : Mr.A.K.Baskarapandian, Special Government Pleader.

For 5th Respondent : Mr.C.Selvaraj

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) https://hcservices.ecourts.gov.in/hcservices/ This writ petition has been filed in public interest, seeking a Writ of Mandamus forbearing the respondents 1 to 5 from putting up any

construction in the water course in S.No.102/2 of Jegaveerapandiyapuram village, Ottapidaram Taluk, Thoothukudi District.

2. Heard both sides.

3. The grievance of the petitioner is that the representation dated 17.02.2014 sent by the villagers of Jegaveerapandiapuram has not been considered so far and hence, this writ petition.

4. Though the petitioner has sought for the relief as above, the learned Counsel for the petitioner would submit that the said representation dated 17.02.2014 may be directed to be considered by the respondents.

5. Accordingly, without going into the merits of the petitioner's claim, the respondents are directed to verify the nature of the complaint made by the petitioner and consider the representation dated 17.02.2014 given by by the villagers of Jegaveerapandiapuram 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, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar mj To 1.The District Collector cum Inspector of Panchayats, Thoothukudi District, Thoothukudi.

2.The Commissioner, Ottapidaram Panchayat Union, Ottapidaram, Thoothukudi District.

3.The Block Development Officer, National Rural Employment Guarantee Scheme, Ottapidaram Panchayat Union Office,Ottapidaram, Thoothukudi District. 4.The Tahsildar,Ottapidaram Talukk, Ottapidaram, Thoothukudi District.

+1CC to Spl.Government Pleader SR.No.47427 +1CC to Mr.D.Srinivasa Ragavan ADV.SR.No.47287 GJM/RR/SKS/SARJ-1.9.15-2P-7C Writ Petition (MD) No.3917 of 2014 17.08.2015 https://hcservices.ecourts.gov.in/hcservices/