Madras High CourtWP(MD)/9674/2022disposed of

Sathya Moorthy P v. The District Collector

2022-05-11Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.05.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P.(MD) No.6946 of 2022 P.Sathya Moorthy ... Petitioner -vs1.The District Collector, 2.The Executive Engineer, Water Irrigation Department in PWD, Dindigul, 3.The Assistant Executive Engineer, PWD / Water Resources Organisation, Kodaganar Sub Division, Vedasandur,

4. Perumal ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to forbear the respondents 2 and 3 from the 4th respondent laying pipeline pathway in the Kudakkanaru water irrigation sub channel comprised in Survey No.178/2B running from west to east situated in Vallipatti, Balapatty Village, Vedachandur Taluk and Dindigul District on the basis of the representation of the petitioner dated 07.05.2022. For Petitioner :

Mr.S.Vellaichamy For R1 to R3 :

Mr.M.U.Prakash Additional Government Pleader

O R D E R

This writ petition is filed to forbear the respondents 2 and 3 from the 4th respondent laying pipeline pathway in the Kudakkanaru water irrigation sub channel comprised in Survey No.178/2B running from west to east situated in Vallipatti, Balapatty Village, 1/3

Vedachandur Taluk and Dindigul District on the basis of the representation of the petitioner dated 07.05.2022.

2. According to the petitioner, he made a representation to the respondents 1 and 2 as against the fourth respondent from laying pipe line in the Kudakkanaru water irrigation sub channel comprised in Survey No.178/2B running from west to east situated in Vallipatti, Balapatty Village, Vedachandur Taluk and Dindigul District. Since the respondents have not taken any action as against the fourth respondent, he filed the present writ petition before this Court.

3. The learned Additional Government Pleader appearing for the respondents 1 to 3 submits that the representation of the petitioner would be considered by affording an opportunity to the parties concerned.

4. In view of the aforesaid submission made by the learned Additional Government Pleader, this Court without expressing any opinion on the merits of the case, directs the second respondent to consider the representation of the petitioner dated 07.05.2022 and pass orders on its own merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order after giving opportunity to the petitioner as well as any aggrieved person including the fourth respondent.

5. With this direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsm/vji To 1.The District Collector, 2.The Executive Engineer, Water Irrigation Department in PWD, Dindigul, 2/3

3.The Assistant Executive Engineer, PWD / Water Resources Organisation, Kodaganar Sub Division, Vedasandur, +1 CC to M/s.SPL.GP ( SR-23697[F] dated 12/05/2022 ) and W.M.P.(MD) No.6946 of 2022 11.05.2022 RD(19.05.2022) 3P 5C 3/3