Yeri Seeramaippu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14981 of 2018 and W.M.P (MD) No.13544 of 2018 Yeeri Seeramaippu Pasanatharar Nala Sangam(Regn.No.49/2017) No.1/60, A, North Street, Kalla Perambur, Thanjavur Rep. by its President ... Petitioner vs.

1. The District Collector Thanjavur District.

2. The Executive Engineer Public Works Department Vennaru Basin Sub Division Thanjavur ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents herein to forthwith allot the work of "Removal of the shoals and Desilting of Kallaperambur Tank in Kallaperambur Village of Thanjavur District" to the petitioner on the basis of payment of contribution made to the second respondent. For Petitioner :

Mr.P.Vadivel For Respondents :

Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

Mr.N.Shanmuga Selvam, learned Additional Government Pleader, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 3.

It is the grievance of the petitioner that his

representation dated 25.06.2018 seeking to allot the work of "Removal of the shoals and Desilting of Kallaperambur Tank in Kallaperambur Village of Thanjavur District" t, has not been considered by the first respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 25.06.2018 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Thanjavur District.

2. The Executive Engineer, Public Works Department, Vennaru Basin Sub Division, Thanjavur.

+ 1 cc TO Mr.P.Vadivel , Advocate in SR No. 72372 aav AE/RP/SAR4/17.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD) No.14981 of 2018 11.07.2018