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Madras High Court

R.Paneer Selvam vs The District Collector on 27 November, 2017

Author: K.Ravichandrabaabu

Bench: K. Ravichandrabaabu

        

 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2017
CORAM
THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU 
W.P.No.29380 of  2017
and 
W.M.P.No.31650 of 2017

R.Paneer Selvam						... Petitioner

vs.


1. The District Collector,
    Dharmapuri District,
    Dharmapuri.

2. The Executive Engineer,
    Public Works Department (Irrigation Works),
    Melpennaiyaru Division,
    Dharmapuri.

3. The Superintendent of Police,
    Office of the Superintendent of Police,
     Dharmapuri.						...Respondents


PRAYER: 
	
	Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents to maintain the field bothies situated in Shutter No.2 of Echambadi dam Irrigation Scheme for the petitioner's Ayacut right for cultivating his  land in survey Nos.89-7B and 56 in K.Agraharam village, Harur Taluk, Dharmapuri District by considering the petitioner's representation dated 03.10.2017.

		For Petitioner	: Mr.A.Sundaravadhanan

		For Respondents	: Mr.R.Govindasamy,
					  Special Government Pleader 

O R D E R

Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

2.It is stated the field bothies situated in Shutter No.2 at Echambadi dam Irrigation Scheme, are providing water for the petitioner's Ayacut right land in Survey Nos.89-7B and 56 in K.Agraharam village, Harur Taluk, Dharmapuri District. It is further stated that some third parties are interfering with the said field bothies thereby causing disturbance of free flow of water to the petitioner's land. Ventilating such grievance, the petitioner already made a representation dated 03.10.2017 to the respondents for maintaining the field bothies.

3. The grievance of the petitioner is that the said representation has not been considered so far.

4. This Court, at this stage, is not expressing any view on the claim made by the petitioner as it is for the respondents more particularly, the first respondent to consider and decide, after hearing all the parties. it is also stated that the second respondent has made some recommendation to the first respondent on 23.02.2017. Therefore, it is for the first respondent to consider all these aspects and take appropriate action, after hearing all the parties concerned. Accordingly, the writ petition is disposed of by directing the first respondent to consider the representation of the petitioner dated 03.10.2017 and pass orders on merits and in accordance with law, after hearing all the parties concerned. Such exercise shall be done by the first respondent within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

27.11.2017 Speaking/Non speaking Index: Yes/No vsi K.RAVICHANDRABAABU,J.

vsi To

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Executive Engineer, Public Works Department (Irrigation Works), Melpennaiyaru Division, Dharmapuri.

3. The Superintendent of Police, Office of the Superintendent of Police, Dharmapuri.

27.11.2017