Madras High CourtWP(MD)/7066/2013disposed of

Palanichamy, v. The District Collector,

2017-11-24Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.7066 of 2013 Palanichamy .. Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Commissioner, Kodaikanal Municipality, Kodaikanal, Dindigul District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, by directing the second respondent to issue permission to the petitioner for digging of bore well within Kodaikanal Municipal Limit, in Dindigul District, by considering the petitioner's representation, dated 14.03.2013 within a time frame as fixed by this Court.

For Petitioner : Mr.P.Santhanakrishnan For 1st Respondent : Mr.J.Gunaseelan Muthaiah, Government Advocate.

For 2nd Respondent : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the second respondent to grant permission to the petitioner for digging of bore well within Kodaikanal Municipal Limit, based on his representation, dated 14.03.2013, within the stipulated period as fixed by this Court.

2.Heard both sides.

3.The petitioner made representations right from 23.05.2011, seeking to grant permission for digging of bore well within the second respondent Municipality limit.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioner would submit that it

would be suffice, if the representation of the petitioner, dated 14.03.2013, is disposed of by the second respondent, as per law. 5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the second respondent to consider the representation of the petitioner, dated 14.03.2013, and pass appropriate orders, if not disposed of earlier, on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Dindigul District, Dindigul.

2. The Commissioner, Kodaikanal Municipality, Kodaikanal, Dindigul District.

+ 1 CC TO Mr.P.SANTHANA KRISHNAN, ADVOCATE IN SR No. 89294 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 89670 + 1 CC TO Mr.T.S.MOHAMED MOHIDEEN, ADVOCATE IN SR No. 89277 SMN TE/KP/SAR-2 : 15/12/2017 : 2P/6C ORDER MADE IN W.P(MD)No.7066 of 2013 24.11.2017 https://hcservices.ecourts.gov.in/hcservices/