Madras High CourtWP(MD)/14334/2017disposed of

P.Muthabaranam v. The Revenue Divisional Officer

2017-08-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.14334 of 2017 P.Muthubaranam ... Petitioner Vs.

1. The Revenue Divisional Officer- cum-Jama Pandhi Officer, Usilampatti, Madurai.

2. The Thashildar, Thirumangalam. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to restore the bank of the Kundaru River near in Survey No.97/6 in Sathankudi, Tirumangalam Taluk based on the petitioner's representation dated 24.05.2017, within the time limit that may be stipulated by this Court.

For Petitioner : Mr.T.Karthik Raja For Respondents : Mr.C.Selvaraj Spl. Govt. Pleader

O R D E R

This writ petition is filed seeking for a direction to the respondents to restore the bank of the Kundaru River as per the petitioner's representation dated 24.05.2017. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for respondents. By consent, this Writ Petition is taken up for final disposal at the admissions stage itself. 3.The petitioner would state that he is a retired teacher aged about 77 years and he purchased the lands in S.No.97/6 in Sathankudi, Tirumangalam Taluk, which is his retirement benefits. The petitioner would allege that the Kundaru river is situated at the northern side of the petitioner's land and it was damaged by some unknown persons. Hence, the petitioner gave a representation dated 24.05.2017 to the respondents to restore the river bank. Since no action has been taken, the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Special Government Pleader would submit that the District Collector is the competent authority to consider the case of the petitioner.

5.Considering the limited scope of the prayer sought for by the petitioner and considering the submission of the learned Special Government Pleader appearing for the respondents, the petitioner is directed to give a representation enclosing a copy of this order to the District Collector, Madurai, within a period of two weeks from the date of receipt of a copy of this order. On such compliance, the District Collector, Madurai shall consider the said representation and pass appropriate orders on merits and in accordance with law, after providing opportunity of hearing to all necessary parties, within a period of eight weeks thereafter. 6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer- cum-Jama Pandhi Officer, Usilampatti, Madurai.

2. The Thashildar, Thirumangalam.

3. The District Collector, Madurai.

+1cc to Mr.T.Karthick Raja, Advocate in SR.No.69415 +1cc to The Special Government Pleader in SR.No.70615 skn AE/SKN RSK/SAR3/17.08.2017/2P/6C W.P.(MD)No.14334 of 2017 02.08.2017 https://hcservices.ecourts.gov.in/hcservices/