Nagavelu 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 W.P.(MD)No.5529 of 2014 and MP(MD)No.2 OF 2014 1.Nagavelu 2.Karu.Muthusamy ... Petitioners Vs.

1.The District Collector, Pudukottai District, Pudukottai.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Aranthangi Pudukottai District.

3.The Tahsildar, Avudaiyarkoil Taluk, Pudukottai District.

4.The Assistant Executive Engineer, Water Resource Organisation/ Public Works Department, 22/1, Raja Street, Aranthangi Taluk Pudukottai District.

5.The Commissioner, Office of the Panchayat Board, Arimalam, Thirumayam Taluk, Pudukottai District. 6.Muthu ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents 1 to 5 to construct a bridge or imbed pipes without raising the basement level of the surface between Kadangudi-Chathirapatti road to drain the surplus water of Pazhanthamarai Kanmai situate in S.F.No.40/1 of Kadangudi Village, Irumbanadu post, Avudaiyarkoil Taluk, Pudukkottai district. For Petitioner : Mr.K.Balasundharam For RR - 1 to 3 : Mr.A.K.Baskarapandian Special Govt. Pleader For RR - 4 & 5 : No appearance For R - 6 : Mr.N.Balakrishnan https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) This writ petition has been filed in public interest, seeking a Writ of Mandamus to direct the respondents 1 to 5 to construct a bridge or imbed pipes without raising the basement level of the surface between Kadangudi-Chathirapatti road to drain the surplus water of Pazhanthamarai Kanmai situate in S.F.No.40/1 of Kadangudi Village, Irumbanadu post, Avudaiyarkoil Taluk, Pudukkottai district.

2. Heard both sides.

3. The grievance of the petitioner is that the representation submitted by the petitioner on 17.03.2014, 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 representation dated 17.03.2014 submitted by the petitioner may be directed to be considered by the respondents.

5. Accordingly, without going into the merits of the petitioner's claim, the respondents 1 to 5 are directed to verify the nature of the complaint made by the petitioner and consider the representation of the petitioner dated 17.03.2014 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. Consequently, MP(MD)No.2/2014 is closed. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar mj To 1.The District Collector, Pudukottai District, Pudukottai. 2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Aranthangi, Pudukottai District.

3.The Tahsildar, Avudaiyarkoil Taluk, Pudukottai District. 4.The Assistant Executive Engineer, Water Resource Organisation/ Public Works Department, 22/1, Raja Street, Aranthangi Taluk, Pudukottai District.

5.The Commissioner, Office of the Panchayat Board, Arimalam, Thirumayam Taluk, Pudukottai District. +one cc to Mr.N.Balakrishnan, Advocate in SR.No.47957 +one cc to Mr.K.Balasundharam, Advocate in SR.NO.47103 +one cc to The Special Government Pleader, SR.No. 47438 W.P.(MD)No.5529 of 2014 17.08.2015 https://hcservices.ecourts.gov.in/hcservices/ CSL/SKS-RR/SAR(J)/07.09.2015/2p/9c