Madras High CourtWP(MD)/15169/2018disposed of

P.Kamalam v. The Block Development Officer

2018-07-13Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15169 of 2018 P.Kamalam ... Petitioner vs.

1. The Block Development Officer, Thoppampatti Panchayat Union, Dindigul District.

2. The Special Officer, Porulur Panchayat, Porulur, Thoppampatti Panchayat Union, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to consider petitioner's representations, dated 22.03.2018 and 04.05.2018 to connect the new drinking water tap connection for the house bearing No.4/125, Porulur Village, Kallimanthayam Via, Dindigul District-624 616, within a stipulated time.

For Petitioner :

Mr.K.K.Samy

O R D E R

Notice to the respondents is dispensed with in view of nature of the order to be passed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that her representations dated 22.03.2018 and 04.05.2018 seeking to provide water connection for her house bearing No.4/125, Porulur Village, Kallimanthayam Via, Dindigul District-624 616, have not been considered by the respondents till date and therefore, she has filed the present writ petition.

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4. This Court has not expressed any of its view with regard

to the merits of the representations 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 representations 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 representations dated 22.03.2018 and 04.05.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs.

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

1. The Block Development Officer, Thoppampatti Panchayat Union, Dindigul District.

2. The Special Officer, Porulur Panchayat, Porulur, Thoppampatti Panchayat Union, Dindigul District.

+ 1 cc TO Mr.K.K.Samy , Advocate in SR No. 72760 krk AE/PN/SAR3/23.07.2018/2P/4C W.P.(MD) No.15169 of 2018 13.07.2018 https://hcservices.ecourts.gov.in/hcservices/