Sangaiah v. The Additional Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.11.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P(MD)No.17720 of 2021 Sangaiah ... Petitioner Vs.

1.The Additional Chief Secretary, Secretariat, Government of Tamil Nadu, Chennai.

2.The District Collector, Officer of the Collectorate,Sivagangai(dist). 3.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai(Dist).

4.The Chief Engineer, Public Works Department,Sivagangai(Dist).

5.The Executive Engineer, PWD Water Resourses Department, Sarugani Aaru Vadinil Kottam,Sivagangai(Dist) 6.The Thasildar, Manamadurai Taluk Office, Manamadurai,Sivagangai (District).

7.Ilangovan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 6 to complete the enquiry on the representation of the petitioner dated 18.10.2021 and not to grant permission to form a over bridge in channel at Survey No.217/3B, 217/3A situated at Keppanur Village Manamadurai Revenue Village Manamadurai Taluk, Sivagangai (Dist) to the 7th respondent.

For Petitioner :Mr.V.Selvakumar For Respondents :Mr.M.Ramesh, Government Advocate 1/3

ORDER

(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The writ petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to complete the enquiry on the representation of the petitioner dated 18.10.2021 and not to grant permission to the 7th respondent to form a over bridge in channel at Survey Nos.217/3B, 217/3A situated at Keppanur Village, Manamadurai Revenue Village, Manamadurai Taluk, Sivagangai District. 2.Mr.M.Ramesh, learned Government Advocate accepts notice on behalf of the respondents. In view of the order going to be passed, notice to the seventh respondent is dispensed with.

3. With the consent of the learned counsel on either side, this writ petition is taken up for final hearing at the admission stage itself.

4.The grievance of the petitioner is that the seventh respondent, who is having lands in the petitioner's village, has made an application before the authorities seeking permission to construct a over bridge in a water channel to reach his lands. If the authorities granted permission, the entire agricultural activities will get affected. Hence, the petitioner and the villagers made a representation to the authorities on 18.10.2021 praying not to grant permission to construct the over bridge to the seventh respondent. The said representation is said to be still pending. Hence, the present writ petition.

5. Considering the limited scope of the prayer sought for in this writ petition, without going into the merits of the case, the fifth respondent is directed to consider the representation of the petitioner, dated 18.10.2021, on merits and in accordance with law, as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) pm 2/3

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The Additional Chief Secretary, Secretariat, Government of Tamil Nadu, Chennai.

2.The District Collector, Officer of the Collectorate, Sivagangai(dist).

3.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai(Dist).

4.The Chief Engineer, Public Works Department, Sivagangai(Dist).

5.The Executive Engineer, PWD Water Resourses Department, Sarugani Aaru Vadinil Kottam, Sivagangai(Dist) 6.The Thasildar, Manamadurai Taluk Office, Manamadurai, Sivagangai (District).

+1 CC to M/s.SPL GP ( SR-36474[F] dated 30/11/2021 ) 29.11.2021 NSN(CO) KB(09.12.2021) 3P 8C 3/3