Krishnan, S/O.Mooka Thevar, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.19272 of 2017 Krishnan ... Petitioner Vs.

1. The District Collector, Tirunelveli.

2. The Municipal Commissioner, Ambasamudram, Tirunelveli District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 11.09.2017 to take necessary action within a stipulated time.

For Petitioner : Mr.N.GA.Natraj For Respondents : Mr.M.Alagathevan, Special Government Pleader for R.1 Mr.M.Rajarajan for R.2

ORDER

By consent, this writ petition itself is taken up for final disposal.

2. Mr.M.Alagathevan, learned Special Government Pleader, takes notice for the first respondent and Mr.M.Rajarajan, learned Counsel takes notice for the second respondent.

3. According to the petitioner, he is an agriculturist and as such he is cultivating paddy in his land, situated in Survey No.113/1, 113/2, III Ward, Oorkadu Village. It is the grievance of the petitioner that the second respondent has laid pipes to carry effluents of the village and due to poor engineering, the effluents in the pipe got leaked in his land. As it would reduce the fertility of his land, the petitioner has submitted a representation dated 11.09.2017, seeking alternate arrangements for drainage facilities, before the respondents and as the same is kept pending, without any action, the petitioner is before this Court.

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4. When the matter is taken up for hearing, the learned

Counsel for the petitioner submitted that it would be suffice, if his representation is disposed of by the respondents, in the manner known to law, within a stipulated time period, which is also agreed by the learned Counsel appearing for the other side.

5. Considering the limited scope of the relief now sought for, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 11.09.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli.

2. The Municipal Commissioner, Ambasamudram, Tirunelveli District.

+ 1 CC TO MR.N.GA.Natraj, ADVOCATE IN SR No.82761 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.82930 gk MK/JC/SAR-2/31.10.2017/2P/5C W.P.(MD)No.19272 of 2017 13.10.2017 https://hcservices.ecourts.gov.in/hcservices/