Madras High CourtWP(MD)/3353/2015disposed of

Pandiappan v. The Superintending Engiener

2015-03-11Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2015

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.3353 of 2015 PANDIAPPAN .. Petitioner Vs.

1. THE SUPERINTENDING ENGIENER, TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD. (TANGEDCO), K.PUDUR, MADURAI-625 007.

2. THE EXECUTIVE ENGINEER, TANGEDCO, USILAMPATTI DIVISION, USILAMAPTTI, MADURAI DISTRICT.

3. THE ASSISTANT EXECUVTIVE ENGINEER, TANGEDCO, Ltd., ELUMALAI, PERAIYUR TALUK, MADURAI DISTRICT.

4. THE ASSISTANT ENGINEER, TANGEDCO, CHINNAKATTALAI, PERAIYUR TALUK, MADURAI DISTRICT.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the respondents to consider the petitioner's representation dated 10.11.2014 and permit him to draw water in the bore well in survey No.404/3, situated at Kudiseri Village, Peraiyur Taluk, Madurai District. For Petitioner : Mr.M.Kannan For Respondents : Mr.SMS.Johnny Basha Standing counsel

O R D E R

By consent, the writ petition itself is taken up for final disposal.

2. The petitioner seeks for a Mandamus directing the respondents to consider his representation dated 10.11.2014 and permit him to draw water in the bore well in Survey No.404/3, at Kudiseri Village, Peraiyur Taluk, Maduari District.

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3. It is stated that the well situated in the petitioner's property gone dry and therefore, the petitioner has to draw water from the bore well situated in survey No.404/3, at Kudiseri Village, Peraiyur Taluk, Maduari District, which also belong to the petitioner. Therefore, he made a representation to the respondents seeking permission to draw water from the bore well. The said representation dated 10.11.2014 has not been considered so far.

4. The learned counsel for the respondent submitted that the petitioner has to establish his title over the property in which the subject matter bore well is situated, by producing necessary documents and if the petitioner produces the said documents, his request will be considered.

5. Considering the above stated submissions made by the learned counsel for the respondents, this writ petition is disposed of by directing the second respondent to consider the representation of the petitioner, dated 10.11.2014 and pass orders on the same on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. In the meantime, the petitioner has to furnish all the relevant documents in support of his claim before the second respondent. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar rj2 To

1. THE SUPERINTENDING ENGIENER, TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD. (TANGEDCO), K.PUDUR, MADURAI-625 007.

2. THE EXECUTIVE ENGINEER, TANGEDCO,USILAMPATTI DIVISION, USILAMAPTTI, MADURAI DISTRICT.

3. THE ASSISTANT EXECUVTIVE ENGINEER, TANGEDCO,Ltd., ELUMALAI, PERAIYUR TALUK, MADURAI DISTRICT.

4. THE ASSISTANT ENGINEER, TANGEDCO, CHINNAKATTALAI, PERAIYUR TALUK, MADURAI DISTRICT.

+1cc to MR.M.KANNAN,ADVOCATE IN SR NO.11776 W.P(MD)No.3353 of 2015 11.03.2015 RG.23.03.2015 2P.6C.

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