Madras High CourtWP(MD)/8322/2017partly allowed

K.Thirunayagam v. The District Collector

2017-04-28Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.8322 of 2017 K.Thirunayagam .. Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Special Tahsildar (Land Acquisition), National Highway 49, Unit -1, SBI Bank Opposite, Manamadurai, Sivagangai District.

3.The Project Director, National Highway Authority, Sivagangai Road, Manamadurai, Sivagangai District.

4.The Block Development Officer, Thiruppuvanam Union Office, Thiruppuvanam, Sivagangai 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 3 and 4 to place cement pipe under the laid National Highway Road, Near Pasiyapuram Village and ensure the released or overflowing water freely flow through water channel from Attadi Tank (Attadi Kanmoi), Keezhadi Group, Thiruppuvanam Taluk, Sivagangai District to agricultural lands, on the basis of the petitioner's representations dated 21.04.2017 and 25.04.2017.

For Petitioner : Mr.T.Indrachithu For Respondents 1 and 2 : Mr.M.Govindan, Special Government Pleader.

For Respondent No.4 : Mr.R.Anandaraj, Government Advocate.

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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 3 and 4 to place cement pipe under the National Highways Road on the basis of representations alleged to have been given by the petitioner on 21.04.2017 and 25.04.2017, by way of issuing a writ of mandamus. 2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 and 2 and Mr.R.Anandaraj, learned Government Advocate has taken notice for the fourth respondent. Considering the nature of the relief sought in the writ petition, notice need not be sent to the third respondent. 3.It is seen from the records that the petitioner has given two representations on 21.04.2017 and 25.04.2017 and the same have not been considered by the third respondent.

Under the said circumstances, this Court is inclined to pass the following order. 4.In fine, this Writ Petition is allowed in part without costs and the third respondent is directed to look into the representations dated 21.04.2017 and 25.04.2017 and dispose of the same within a period of one month.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Special Tahsildar (Land Acquisition), National Highway 49, Unit -1, SBI Bank Opposite, Manamadurai, Sivagangai District.

3.The Project Director, National Highway Authority, Sivagangai Road, Manamadurai, Sivagangai District.

4.The Block Development Officer, Thiruppuvanam Union Office, Thiruppuvanam, Sivagangai District.

+1cc to M/S.Special Government Pleader,SR.55506 +1cc to Mr.T.Indirachithu,Advocate,SR.54787 W.P(MD)No.8322 of 2017 28.04.2017 SMN KK/RSK/SAR4-04.05.2017-2P-7C https://hcservices.ecourts.gov.in/hcservices/