Jothivel, S/O.Annavi, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.6404 of 2017 Jothivel .. Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Tahsildar, Kulithalai Taluk, Karur District.

3.The Commissioner, Kulithalai, Karur District.

4.The Manager, Rain Aqua Water Supply, Thaneer Palli Village, Kulithalai Taluk, Karur District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 3 to take action on fourth respondent company for unauthorizedly drawing water for commercial purpose by considering representation dated 20.02.2017. For Petitioner : Mr.K.Govindarajan For Respondents 1 and 2 : Mr.K.Guru, Additional Government Pleader.

For Respondent No.3 : Mr.M.Rajarajan, Government Advocate.

For Respondent No.4 : Mr.R.Devaraj

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 and 3 to take appropriate action against the fourth respondent for https://hcservices.ecourts.gov.in/hcservices/

unauthorizedly drawing water from the place mentioned therein, by way of issuing a writ of mandamus on the basis of representation dated 20.02.2017.

2.The learned counsel appearing for the petitioner has advanced his argument on the basis of averments made in the writ petition as well as representation dated 20.02.2017. 3.The learned Additional Government Pleader appearing for the respondents 1 and 3 has contended to the effect that the third respondent has not given any permission to the fourth respondent for drawing water in the place mentioned in the petition. 4.Considering the submissions made on either side, this Court is inclined to pass the following order. 5.In fine, this writ petition is allowed in part without costs and the respondents 1 and 3 are strictly directed to look into the representation dated 20.02.2017 and dispose of the same within a period of one month after giving opportunity to the fourth respondent.

SD /- ASSISTANT REGISTRAR(RTI) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The District Collector,Karur District, Karur. 2.The Tahsildar,Kulithalai Taluk,Karur District. 3.The Commissioner,Kulithalai, Karur District. +1 CC TO MR.R.DEVARAJ, ADVOCATE, SR NO.59666 +1 CC TO MR.K.GOVINDARAJAN, ADVOCATE,SR NO.60044 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.59889 smn MAS/KKR/SAR1:19.06.2017-2P-7C ORDER MADE IN W.P(MD)No.6404 of 2017 12.06.2017 https://hcservices.ecourts.gov.in/hcservices/