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Madras High CourtWP(MD)/13865/2018disposed of

Gopal, v. The District Collector,

2024-02-27Honourable The Chief Justice,Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE G.ILANGOVAN Gopal ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Sivagangai District.

2.The Tahsildar, Office of the Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

3.The Executive Engineer, (Public Works Department & Water Resource Department) Saruganiyaru Basin Division, Sivagangai District.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the respondents 1 to 3 herein to

take immediate action by considering the petitioner's representation dated 18.04.2018 within the time frame fixed by this Court. For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.N.Satheeshkumar, Addl. Government Pleader.

ORDER

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] This Writ Petition is filed seeking direction to consider the representation of the petitioner dated 18.04.2018.

2. Learned counsel for the petitioner submits that originally the Public Works Department allotted four sluice gates in Paniyanenthal Kanmai. But the Public Works Department constructed only two sluice gates and the other two were not constructed. The villagers are highly affected.

3. The learned Additional Government Pleader submitted that subsequent to the representation of the petitioner, a peace committee meeting was conducted. The petitioner attended the peace committee

meeting and it was decided to have a mud pipeline for irrigation. The petitioner also agreed to the same. If the case of the petitioner is accepted, the five survey numbers admeasure only 37 acres.

4. According to the learned counsel for the petitioner, the decision in the peace committee meeting was an interim arrangement.

5. The manner in which irrigation facility has been provided has to be considered by the authorities concerned. The feasibility and the viability of particular scheme has to be considered by the authorities. The authorities has formulated a particular scheme of providing irrigation by mud pipeline. The same today is functioning.

6. Be that as it may, the petitioner claims to have given a representation and the authority concerned may take a decision on the said representation on its own merits and in accordance with law, preferably, within nine months from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of. No costs. (S.V.G., CJ.) (G.I., J.) 27.02.2024 NCC :Yes/No Index : Yes/No vsm

To:

1.The District Collector, Office of the District Collector, Sivagangai District.

2.The Tahsildar, Office of the Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

3.The Executive Engineer, (Public Works Department & Water Resource Department) Saruganiyaru Basin Division, Sivagangai District.

THE HON'BLE CHIEF JUSTICE and G.ILANGOVAN, J.

vsm W.P.(MD)No.13865 of 2018 27.02.2024