Rajammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Rajammal ... Petitioner Vs., 1.The District Collector, Office of the District Collector, Virudhunagar District, Virudhunagar.

2.The Agriculture Joint Director, Virudhunagar Collectorate Campus, Virudhunagar 626 002.

3.The Block Development Office, Sattur Panchayat Union, Sattur, Virudhunagar District.

4.The Assistant Divisional Engineer, National Highways, Sattur Sub Division, Sattur, Virudhunagar District.

5.The Divisional Engineer, National Highways, Virudhunagar.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 5 to take appropriate actions by 1/5

considering the petitioner's representation dated 30.07.2024 within the time frame fixed by this Court.

For Petitioner : Mr.S.Surya For Respondents : Mr.D.Sadiq Raja (for R1, R2, R4 and R5) Additional Government Pleader

ORDER

This writ petition has been filed to direct the respondents to take appropriate actions by considering the petitioner's representation dated 30.07.2024 within the stipulated time fixed by this Court.

2. Heard both sides. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that the petitioner is doing agriculture in his land to an extent of 4.75 acres in SF.No.271/1 situated at Karisalpatti Village, Sattur Panchayat Union, Virudhunagar District. The Highway department constructed the Karisalpatti to Senthilapuram road under the NABARD and Rural Road Scheme. The road was built by the Highway Department without giving any proper drainage system, which resulted rain water accumulated in the petitioner's agricultural land and thereby, the agricultural activity was affected. In this regard, 2/5

the petitioner gave a representation to the respondents. The Block Development Officer has also sent a communication to the Executive Engineer, Highway Department, for appropriate action to arrest the water stagnated in the petitioner's land. But, no steps have been taken so far. Hence, she seeks direction of this Court.

4. A perusal of photograph annexed in the typed set of paper clearly indicates that rain water has been completely stagnated in the petitioner's agricultural land. While constructing road, it is the duty of the respondents to ensure that the drainage system is available. Without taking note of these facts, just laying the road and allowing all the water from the road to enter into the private land, would have a serious consequence. The authority shall take into these aspects.

5. In view of the above, the respondents are directed to consider the representation of the petitioner dated 30.07.2024 and take action to arrest the rain water stagnated in the petitioner's agricultural land. Such an exercise shall be completed within a period of three month from the date of receipt of a copy of this order.

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6. With the above direction, the Writ Petition stands disposed. No costs. 10.09.2024 NCC : Yes/No Index : Yes/No Rmk To 1.The District Collector, Office of the District Collector, Virudhunagar District, Virudhunagar.

2.The Agriculture Joint Director, Virudhunagar Collectorate Campus, Virudhunagar 626 002.

3.The Assistant Divisional Engineer, National Highways, Sattur Sub Division, Sattur, Virudhunagar District.

4.The Divisional Engineer, National Highways, Virudhunagar.

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N.SATHISH KUMAR , J.

Rmk 10.09.2024 5/5