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Madras High CourtWP(MD)/17051/2019disposed of

S.Kanimohammed v. The District Collector

2019-08-01Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR S.Kanimohammed ... Petitioner -Vs1.The District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Collector Office, Aravakurichi Taluk, Karur District.

3.The Tahsildar, Taluk Office, Aravakurichi Taluk, Karur District.

4.The Village Administrative Officer, Aravakurichi Taluk, Karur District.

5.The Assistant Director, Geology and Mines Department, Karur, Karur District.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents herein to permit the petitioner to dig well in the petitioner's agricultural land in S.No.191/B1 situated at T.Venkadapuram, Chinnadharapuram Post, Aravakurichi Taluk, Karur District, based upon the representation of the petitioner dated 18.07.2019. For Petitioner : Mr.S.Gokulraj For Respondents : Mr.V.Anand, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents herein to permit the petitioner to dig 1/3

well in the petitioner's agricultural land in S.No.191/B1 situated at T.Venkadapuram, Chinnadharapuram Post, Aravakurichi Taluk, Karur District, based upon the representation of the petitioner dated 18.07.2019.

2.Heard Mr.S.Gokul Raj, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.The petitioner wanted to dig well on his agricultural land in S.No.191/B1 situated at T.Venkadapuram, Chinnadharapuram Post, Aravakurichi Taluk, Karur District and in this regard, a formal permission, according to the petitioner, has to be obtained from the Revenue Divisional Officer concerned. Hence, the petitioner has given a representation to that effect to the respondents on 18.07.2019. Therefore, the learned counsel appearing for the petitioner would submit that, if the said representation is decided by the respondents, especially, the 2nd respondent, on merits and in accordance with law and an order to that effect is passed, within a time frame, the petitioner would be satisfied. 4.I have heard the learned Government Advocate, who would submit that, the said request of the petitioner dated 18.07.2019 would be decided by the 2nd respondent on merits and in accordance with law, within a time frame.

5.Having considered the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition, with the consent of both the parties, at the stage of admission itself, with the following direction: "The 2nd respondent is hereby directed to consider the representation of the petitioner dated 18.07.2019 and pass orders thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

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

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

To 1.The District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Collector Office, Aravakurichi Taluk, Karur District.

3.The Tahsildar, Taluk Office, Aravakurichi Taluk, Karur District.

4.The Village Administrative Officer, Aravakurichi Taluk, Karur District.

5.The Assistant Director, Geology and Mines Department, Karur, Karur District.

+1 CC to M/s.S.GOKULRAJ, Advocate ( SR-79147[F] dated 01/08/2019 ) +1 CC to M/s.SPL GP ( SR-79481[F] dated 02/08/2019 ) Order made in Dated: 01.08.2019 JMN(09.10.2019) 3P : 8C 3/3