Madras High CourtWP(MD)/22847/2016disposed of

Ladislaus Rodrigo v. The District Collector

2017-08-08Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22847 of 2016 Ladislaus Rodrigo : Petitioner Vs.

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Assistant Director of Panchayat, Thoothukudi.

3. The Assistant Divisional Engineer, Highways,

4. The Block Development Officer, Tiruchendur Panchayat Union,

5. The President / Block Development Officer (Village Panchayat), Virapandianpatnam Panchayat, Virapandianpattinam, Tiruchendur Taluk.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to take necessary action upon the representation of the petitioner dated 07.11.2015 to prevent the water stagnation in Virapandianpattinam Village, Tiruchendur Taluk by maintaining proper drainage systems and by removing encroachments. For Petitioner : Mr.V.Kannan For R.1to R.3 : Mr.T.S.Mohamad Mohideen Additional Government Pleader For Respondent No.4 : Mr.S.Bharathi For Respondent No.5 : No Appearance *******

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner is aggrieved by the stagnation and flooding of water in his village, namely, Virapandianpattinam Village, Tiruchendur Taluk.

2.The petitioner has produced photographs which prima facie show that whenever water stagnation or flooding takes place due to rainfall, the access to an ancient church, situated in the said village is completely cut off. It can be seen from the materials enclosed in the typed set of papers that the villagers have been agitating seeking a solution to this issue. Since there is no action taken by the authorities, the present writ petition has been filed in public interest. The writ petitioner has given representations on 27.05.2015 and again on 07.11.2015. The Tahsildar, Tiruchendur has called upon the Revenue Inspector to conduct a spot inspection and submit a report. 3.It appears that there has been no folow up action.

In these circumstances, we direct the fourth respondent herein to take action in the matter and ensure that appropriate steps are taken to prevent water stagnation and flooding in the village of Virapandianpattinam, Tiruchendur Taluk, Thoothukudi District. The remedial measures ought to be taken as expeditiously as possible. 4.This Writ Petition is accordingly disposed of. No costs.