Kalanthar Ashik Ahamed. I v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI I.Kalanthar Ashik Ahamed ... Petitioner -vs1.The District Collector Office of the District Collector Ramanathapuram District 2.The Thasildar Taluka Office Thiruvadanai Taluk Ramanathapuram District 3.The Block Development Officer Block Development Office Thiruvadani Taluk Ramanathapuram District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to demolish the damaged water tank and consequently direct the respondents to construct new water tank by considering the petitioner's representation dated 16.06.2023, within a stipulated period.

For Petitioner :

Mr.S.Atham Ali For Respondents :

Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Thilakkumar, learned Government Pleader takes notice for the respondents.

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. Prayer in this writ petition reads as follows: "For the reasons stated in the accompanying affidavit it is prayed that this Honourable Court may be pleased to pass an order or direction, more particularly in the nature of WRIT OF MANDAMUS directing the respondents to demolish the damaged water tank and consequently direct the respondents to construct new water tank by considering the petitioner's representation dated 16.06.2023, within the period as stipulated by this Hon'ble Court and to pass such further or other orders as

this Hon'ble Court may deem fit and proper in the above circumstances of this case and thus render Justice."

4. A perusal of the photographs would show that the water tank is in really a dilapidated condition.

5. Learned Government Pleader appearing for the respondents, upon instructions, would submit that the Tahsildar, Thiruvadanai Taluk, has already addressed a letter to the Block Development Officer, Thiruvadanai Taluk, for demolition of the water tank, which is not in use.

6. In the light of the above, we close this writ petition with a direction to the respondents to take appropriate action and complete the dismantling of the water tank, within a period of six months from today. No costs.

[R.S.M., J.] [L.V.G., J.] 27.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The Thasildar, Taluka Office, Thiruvadanai Taluk, Ramanathapuram District.

3.The Block Development Officer, Block Development Office, Thiruvadani Taluk, Ramanathapuram District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 27.06.2023