P.Muthabaranam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21618 of 2017 P.Muthabaranam ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Special Officer, Sathangudi Village Panchayat, Tirumangalam Panchayat Union, Madurai District.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from delivering Drainage Water in petitioner's patta land in S.No.97/9B situated in Sathangudi Village, Tirumangalam Taluk, Madurai District.

For Petitioner : Ms.N.Shanthi Priya For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader

O R D E R

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

2. Heard the learned Counsel for the petitioner and Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, who takes notice for the respondents.

3. The petitioner, who is a retired teacher is before this Court and according to her, the land in S.No.97/9B situated in Sathangudi Village, Tirumangalam Taluk, Madurai District, belongs to her. The case of the petitioner is that despite she showed her objections, the second respondent constructed a drainage channel and used to let out the drainage in her patta land. Aggrieved over the same, she has submitted a representation dated 05.10.2017 before the authorities and because of their inaction, this present petition came to be filed, for the aforesaid relief.

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4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would be suffice, if a direction is issued to the authorities to consider and pass orders on the representation of the petitioner, within a stipulated time limit.

5. Considering the facts and circumstances of the case and also the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner dated 05.10.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the other interested parties, if any, 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 (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District, Madurai.

2. The Special Officer, Sathangudi Village Panchayat, Tirumangalam Panchayat Union, Madurai District.

+ 1 CC TO M/s.N.SHANTHI PRIYA, ADVOCATE IN SR No. 88857 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 89616 GK TE/MR-KKR/SAR-1 : 11/12/2017 : 2P/5C W.P(MD)No.21618 of 2017 23.11.2017 https://hcservices.ecourts.gov.in/hcservices/