Madras High CourtWP(MD)/16753/2019disposed of

P.Praveenkumar v. The District Collector

2019-11-12Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P(MD)No.16753 of 2019 P.Praveenkumar .. Petitioner Vs.

1.The District Collector, District Collector Office, Madurai, Madurai District.

2.The Assistant Executive Engineer, Public Work Department, Usilampatti, Madurai District.

3.The Block Development Officer, Sedapatti Union, Madurai District.

4.The Revenue Divisional Officer, Usilampatti, Madurai District.

5.The Executive Officer, Elumalai Tonw Panchayat, Peraiyur Taluk, Madurai District.

6.The Assistant Engineer, Elumalai Town Panchayat, Periayur Taluk, Madurai District.

7.The Thasildar, Peraiyur, Peraiyur Taluk, Madurai District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to construct preventive wall in the remaining place which is covering agriculture land and the residence areas in Elumalai, Periyakulam Kanmai based on the petitioner's representation dated 06.06.2019.

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For Petitioner : Mr.R.Maheswaran for Mr.C.Susi Kumar For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.R.Maheswaran, learned counsel for Mr.C.Susi Kumar, learned counsel appearing for the petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader appearing for the respondents.

2. This writ petition has been filed to direct the respondents to construct preventive wall in the remaining place, which is covering the agriculture land and the residence areas in Elumalai, Periyakulam Kanmai by considering the representation of the petitioner dated 06.06.2019.

3. The Town Panchayat has admitted that wall to the length of 361 meter has been constructed and also road was laid and the remaining 140 feet, according to the petitioner is an important place and unless and until the wall is constructed, the water body cannot be protected.

4. It is not known as to why the work has been stopped midway and funds have to be addressed to the Government. In any event, these matters are to be treated in the priority list. Therefore, we direct the fifth respondent to approach the first respondent, so as to enable the first respondent to address the necessary officials of the Government for early sanction of funds. The District Collector can also explore other revenue options for allotment of funds to the Town Panchayt for completion of the work. The above exercise shall be taken into consideration and expeditious action be taken in this matter.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ta 2/3

To 1.The District Collector, District Collector Office, Madurai, Madurai District.