P.Pandi, S/O.Ponniah Nadar, v. The District Collector /
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2016
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.24119 of 2016 P.Pandi .. Petitioner Vs.
1.The District Collector/Inspector of Panchayats, Tuticorin District, Tuticorin.
2.The Assistant Director (Village Panchayat), Tuticorin District, Tuticorin.
3.The Block Development Officer, Tuticorin Panchayat Union, Pudukottai, Tuticorin 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 first respondent to consider the petitioner's representation dated 28.09.2016 within a time frame fixed by this Court.
For Petitioner : Mr.A.W.D.Tilak For Respondents 1 and 2 : Mr.M.Govindan, Special Government Pleader.
For Respondent No.3 : Mr.K.P.Krishnadoss, Government Advocate.
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 first respondent to consider the representation dated 28.09.2016 by way of issuing a writ of mandamus.
2.It is averred in the petition that the petitioner is a
resident of Thiraviyapuram, Maravanmadam Post, Tuticorin District. Further it is averred in the petition that so many illegal water connections have been given and the same has been accepted by the third respondent viz., Block Development Officer, Tuticorin Panchayat Union. Under the said circumstances, the petitioner has given a representation dated 28.09.2016 to the first respondent, but the first respondent has not taken any steps and therefore the present writ petition has been filed for getting the relief sought therein.
3.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 and 2 and Mr.K.P.Krishnadoss, learned Government Advocate, has taken notice for the third respondent.
4.The learned counsel appearing for the petitioner has contended that in Maravanmadam Village so many illegal water connections have been given and the same has been accepted by the third respondent and the petitioner has given a representation dated 28.09.2016 to the first respondent, but the first respondent has not at all considered the same and therefore the present writ petition has been filed for getting the relief sought therein. 5.The learned Special Government Pleader appearing for the respondents 1 and 2 has also equally contended that water service connections have been given only as per sanction and the Village President has given some connections without getting proper approval from the District Collector.
6.It is seen from the records that the third respondent viz., Block Development Officer, Tuticorin Panchayat Union has pointed out that 46 water service connections have been granted without any proper sanction.
7.Considering the aforesaid factual circumstances, this Court is of the view to direct the first respondent to look into the representation dated 28.09.2016 alleged to have been given by the petitioner and pass suitable order.
8.In fine, this writ petition is allowed without costs and the first respondent viz., District Collector/Inspector of Panchayats, Tuticorin District is strictly directed to look into the representation dated 28.09.2016 and after giving necessary opportunity to the petitioner pass suitable order within a period of one month.
Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar(CS ) To 1.The District Collector/Inspector of Panchayats, Tuticorin District, Tuticorin.
2.The Assistant Director (Village Panchayat), Tuticorin District, Tuticorin.
3.The Block Development Officer, Tuticorin Panchayat Union, Pudukottai, Tuticorin District.
+1cc to Mr.A.W.D.Tilak, Advocate in SR.No.81194 +1cc to the Special Government Pleader in SR.No.81614 ORDER MADE IN W.P(MD)No.24119 of 2016 16.12.2016 smn JAM/PV/29.12.2016/3P-6C