Madras High CourtWP(MD)/20640/2016disposed of

S.Pandaram, v. The District Collector,

2016-10-26Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.20640 of 2016 S.Pandaram ... Petitioner -vs1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Executive Officer, Eruvadi Town Panchayat, Eruvadi, Tirunelveli District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to shift the garbage dump yard appurtenant to my agricultural land in S.No.666/1B in patta No.249 situated at Eruvadi Village, Tirunelveli District by considering the petitioner's representation dated 27.08.2016 within a period that may be fixed by this Court.

For Petitioner : Mr.M.Maharaja For Respondents : Mr.M.Murugan Government Advocate

O R D E R

This Writ petition has been filed seeking a direction to the respondents to shift the garbage dump yard, appurtenant to the petitioner's agricultural land, situated in S.No.666/1B, Eruvadi Village, Tirunelveli District, by considering the representation dated 27.08.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate who takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner is doing agricultural work in his land in

Survey No.666/1B, situated in Eruvadi village and he is getting income only from the above said land.

4.The grievance of the petitioner is that the second respondent is dumping garbage nearby the petitioner's land and due to that his agricultural work is spoiled and the labourers are not coming to do work in his land. Hence, the petitioner has given a representation to the respondents to shift the above said garbage dump yard to some other place. As the same has not been considered so far by the respondents, the petitioner has come before this Court by filing this writ petition.

5.The learned Government Advocate appearing for the respondents would submit that if sufficient time is granted, the representation of the petitioner will be considered. 6.Accordingly, the Second respondent is directed to consider the representation of the petitioner dated 27.08.2016 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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

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

2.The Executive Officer, Eruvadi Town Panchayat, Eruvadi, Tirunelveli District. +1 cc to M/s.M.Maharaj, Advocate in SR.No. 64080/16 mj CSL/PV/15.11.2016: 2P/4C W.P(MD)No.20640 of 2016 26.10.2016 https://hcservices.ecourts.gov.in/hcservices/