Naga Santhanalakshmi v. The Block Development Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16753 of 2018 Nagasanthanalakshmi ... Petitioner vs.

1. The Block Development Officer (Village and Panchayat) Madurai East Chokkikulam Madurai-2

2. The Panchayat Secretary Narasingam Panchayat Narasingam Madurai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to permit the petitioner to continue the dig bore well comprised in U.D.R.S.No.3/2situated at Narasingam 4th Bit Village, Madurai East Taluk, Madurai District based on the petitioner's representation dated 17.07.2018. For Petitioner :

Mr.S.Sadeskumar For Respondents :

Mr.Rajarajan Standing Counsel

O R D E R

Mr.Rajarajan, learned Standing Counsel, 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. 3.

It is the grievance of the petitioner that her representation dated 17.07.2018 seeking to permit the petitioner to continue the dig bore well comprised in U.D.R.S.No.3/2situated at Narasingam 4th Bit Village, Madurai East Taluk, Madurai District, has not been considered by the first respondent till date and therefore, she 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 https://hcservices.ecourts.gov.in/hcservices/

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 17.07.2018 on its own merits and take further action in accordance with law, within a period of eight 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 any other 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(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) To :

1. The Block Development Officer (Village and Panchayat) Madurai East Chokkikulam Madurai-2

2. The Panchayat Secretary Narasingam Panchayat Narasingam Madurai District.

+1cc to Mr.S.Sadeskumar, Advocate Sr.No.76126 AAV VB/KAK/SAR1/07.08.2018/2P/4C W.P.(MD) No.16753 of 2018 30.07.2018 https://hcservices.ecourts.gov.in/hcservices/