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Madras High CourtWP(MD)/20633/2019disposed of

P. Poolpandi @ Pandi v. The District Collector

2019-09-25Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

W.P.(MD).No.20633 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI W.P.(MD).No.20633 of 2019 P.Poolpandi @ Pandi ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Kovilpatti Revenue Divisional Office, Thoothukudi District.

3.The Block Development Officer, Kayathar Panchayat Union, Thoothukudi District.

... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to take necessary action to reconstruct the overhead Water Tank, situated at North Ilanthaikulam Village, Kayathar Panchayat Union, as per the resolution passed by the Village Panchayat, dated 15.09.2018 upon considering petitioner's representation, dated 04.09.2019, within time frame fixed by this Court. For Petitioner : Mr.M.Prabu For Respondents : Mr.M.Murugan (R1 & R2) Govt.Advocate For Respondent-3 : Mr.Karuppasamy Pandian Govt.Advocate

O R D E R

(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.M.Prabu, learned Senior Counsel appearing for the petitioner, Mr.M.Murugan, learned Government Advocate for R1 and R2 and Mr.Karuppasamy Pandian, learned Government Advocate for R3.

2. By consent, the Writ Petition itself is taken up for final disposal.

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W.P.(MD).No.20633 of 2019

3. The petitioner has filed this Writ Petition, seeking for a direction to reconstruct the Overhead Water Tank, situated at North Ilanthaikulam Village, Kayathar Panchayat, by considering his representation, dated 04.09.2019.

4. The learned Government Advocate accepting notice for the respondents submitted that already proposal has been sent for constructing a new tank and the matter is now under the consideration of the District Collector. We find that the proposal has been sent on 18.07.2019.

5. From the photographs filed in the typed set of papers, we find that the tank is fully damaged and the tank is disused.

6. Considering the necessity to have uninterrupted water supply, it will be in the fitness of things, the District Collector has to approve such proposal at the earliest before commencement of rain and in any event, the District Collector, Thoothukudi District, shall approve the proposal in accordance with law, within a period of three weeks from the from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (Ad-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Thoothukudi District, Thoothukudi. 2.The Revenue Divisional Officer, Kovilpatti Revenue Divisional Office, Thoothukudi District.

3.The Block Development Officer, Kayathar Panchayat Union, Thoothukudi District.

+1 CC to GP SR-89828.

+1 CC to M/s.M.PRABU, Advocate SR-89483.

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