Madras High CourtWP(MD)/17954/2017disposed of

Vellaiyan, S/O.Sekkan, v. The District Collector,

2017-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.17954 of 2017 1.Vellaiyan 2.V.Moorthy ... Petitioner Vs.

1.The District Collector, Collectorate, Sivagangai District, Sivagangai.

2.The Assistant Divisional Engineer, Assistant Divisional Engineer Office, Highways Department, Thirupathur, Sivagangai District.

3.The Tahsildar, Tahsildar Office, Singampunari Taluk, Sivagangai District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 23.08.2017 and pass necessary orders to remove the pipeline in the bund of Kudali Kanmoi in Kirungakottai village, Singampunari Taluk, Sivagangai District and thereby restrain the flow of excess water in the petitioner's plot No.55 measuring 5 cents in Survey No.204/1 and 204/5 in Kirungakottai village, Singampunari Taluk, Sivagangai District.

For Petitioner : Mr.D.Nallathambi For Respondents : Mr.C.Selvaraj Special Government Pleader

O R D E R

The petitioner seeks for issuance of a Writ of Mandamus directing the respondents to consider his representation dated 23.08.2017 and pass necessary orders to remove the pipeline in the bund of Kudali Kanmoi in Kirungakottai village, Singampunari Taluk, Sivagangai District and thereby restrain the flow of excess water in his plot No.55 measuring to an extent of 5 cents in https://hcservices.ecourts.gov.in/hcservices/

Survey No.204/1 and 204/5 situated at Kirungakottai village, Singampunari Taluk, Sivagangai District.

2.Heard Mr.D.Nallathambi, learned counsel for the petitioner and Mr.C.Selvaraj, learned Special Government Pleader, who took notice for respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to the first respondent / District Collector to consider the representation of the petitioner dated 23.08.2017. 4.The learned Special Government Pleader appearing for the respondent would submit that the representation of the petitioner will be considered in accordance with law.

5.In view of the above submissions, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the petitioner dated 23.08.2017 and take appropriate action on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

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

1.The District Collector, Collectorate, Sivagangai District, Sivagangai.

2.The Assistant Divisional Engineer, Assistant Divisional Engineer Office, Highways Department, Thirupathur, Sivagangai District.

3.The Tahsildar,Tahsildar Office, Singampunari Taluk, Sivagangai District.

+1cc to M/S.D.NALLATHAMBI, Advocate SR.No.80205 +1cc to Special Government Pleader, SR.No.81072 skn MAS/SKN-RSK/SAR2:12.10.2017:2P-6C W.P.(MD)No.17954 of 2017 21.09.2017 https://hcservices.ecourts.gov.in/hcservices/