Soman, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD)No.23108 of 2017 Soman : Petitioner Vs.

1. The District Collector, Pudukkottai District.

2. The District Revenue Officer, Pudukkottai District.

3. The Tahsildar, Alangudi Taluk, Pudukkottai District.

4. The Block Development Officer, Thiruvarangulam Union, Alangudi Taluk, Pudukkottai District.

: Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying this Court for issuance of a Writ of Mandamus, directing the Respondents to build public toilets for men and women and provide drinking water facilities in the vacant site (Punjai Tharisu) of 3 Cents situated in S.F.No.83/24 at Pulichangadu-Kaikatti Village, Alangudi Taluk, Pudukkottai District or any other places available nearby PulichangaduKaikatti Bus stand by considering the Petitioner's representation dated 06.11.2017.

For Petitioner : Ms.R.Karthika For Respondents 1to3 : Mr.T.R.Janarthanan, Additional Government Pleader For Respondent No.4 : Mr.VR.Shanmuganathan ******

O R D E R

************* [Order of the Court was made by M.VENUGOPAL, J.] The Petitioner has come forward with the present Writ Petition seeking for the issuance of a Writ of Mandamus, directing the Respondents to build public toilets for men and women and provide drinking water facilities in the vacant site (Punjai Tharisu) of 3 Cents situated in S.F.No.83/24 at Pulichangadu-Kaikatti Village, Alangudi Taluk, Pudukkottai District or any other places available nearby Pulichangadu-Kaikatti Bus stand, by considering the Petitioner's representation dated 06.11.2017.

2. Heard both sides.

3. No counter is filed on behalf of the Respondents.

4. By consent, the main Writ Petition itself is taken up for final disposal at the stage of admission.

5. According to the petitioner, he along with other Village residents had approached the first Respondent on 19.06.2017 and 30.07.2017 and requested him to take necessary steps to build public toilets and provide drinking water facility in the vacant land of 3 Cents in S.F.No.83/24. However, the grievance of the Petitioner is that the first Respondent had not given proper reply for their requests. As such, the Petitioner sent a representation through registered post with the consent of his Village residents, dated 06.11.2017 before the Respondents to build public toilets and provide drinking water facility in the afore-stated vacant site in S.F.No.83/24 at Pulichangadu-Kaikatti Village. In spite of the same, the Respondents had not taken any action on the representation of the Petitioner. Hence, the Petitioner is perforced to file the present Writ Petition.

6. On behalf of the Respondents 1 to 3, a plea is made before this Court that the first Respondent/District Collector, Pudukkottai District, will look into the representation of the Petitioner dated 06.11.2017 and the other earlier representations, if any, in the subject matter in issue, within a time frame to be determined by this Court.

7. The Learned Standing Counsel for the fourth Respondent informs this Court that if the first Respondent directs the fourth Respondent to send a proposal for construction of public toilets and for providing drinking water facility in the vacant site (Punjai Tharisu) of 3 Cents situated in S.F.No.83/24 at Pulichangadu-Kaikatti Village, Alangudi Taluk, Pudukkottai District, then the fourth Respondent will take necessary positive action in this regard.

8. Considering the fact that as on date, the representation of the Petitioner dated 06.11.2017 in the subject matter in issue is

pending consideration in the hands of the first Respondent/District Collector, Pudukkottai District, this Court, without expressing any opinion one way or the other, on the contents/merits of the representation of the Petitioner dated 06.11.2017, at this stage, simpliciter, directs the first Respondent/District Collector, Pudukkottai District, to look into the representation of the Petitioner dated 06.11.2017, within two weeks from today and thereafter, if he finds any substance in the representation of the Petitioner dated 06.11.2017, he is to pass a reasoned speaking order on merits and to dispose of the said representation, within a period of four weeks thereafter, of course, after providing necessary opportunity to the Petitioner and others concerned, by adhering to the Principles of Natural Justice. In case, if the Petitioner requires a personal hearing to air the grievances of his Village residents, then it is open to the first Respondent/District Collector, Pudukkottai District, to provide an opportunity of personal hearing, if need be/if situation so warrants.

9. With the aforesaid observation(s)/direction(s), the Writ Petition stands disposed of. No costs.

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

1. The District Collector, Pudukkottai District.

2. The District Revenue Officer, Pudukkottai District.

3. The Tahsildar, Alangudi Taluk, Pudukkottai District.

4. The Block Development Officer, Thiruvarangulam Union, Alangudi Taluk, Pudukkottai District.

+ 1 cc TO Ms.R.Karthika , Advocate in SR No. 93614 + 1 cc TO The Special Government Pleader in SR No. 93139 SML AE/GT/SAR2/09.01.2018/3P/5C Order made in W.P.(MD)No.23108 of 2017 Dated: 15.12.2017