M.A.Vijaya Natarajan vs The Government Of Tamilnadu on 9 July, 2018

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Madras High Court

M.A.Vijaya Natarajan vs The Government Of Tamilnadu on 9 July, 2018

Bench: M.S.Ramesh

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               
DATED: 09.07.2018  
CORAM   
  THE HONOURABLE MR.JUSTICE M.S.RAMESH           
W.P.(MD) No.14612 of 2018  
and 
W.M.P.(MD) No.13158 of 2018   

M.A.Vijaya Natarajan                                                    ...  Petitioner
vs.

1.The Government of Tamilnadu 
   Rep.by its Principal Secretary
   Public Works Department 
   Fort St.George, Chennai-600 009

2.The District Collector
   Madurai District, Madurai-625 020

3.The Tahsildar
   Madurai East Taluk
   Othakadai, Madurai-625 106

4.The Assistant Engineer
   Public Works Department 
   Periyar Channel, Madurai                                             ...  Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of writ of mandamus directing the respondents to provide water
for the irrigation works of the petitioner in his land in Survey No.12/3,
12/8, 13/6 and 9/8 of Kondapethan Village, Andalkottaram, to an extent of 12
acres under the provisions of Tamilnadu Irrigation Works (Construction of
Field Bothies) Act, 1959 based on the petitioner's representation, dated
13.06.2018, within a stipulated time.
        
!For Petitioner :       Mr.Ananth C.Rajesh  
For Respondents :       Mr.V.Anand          
                        Government Advocate     

:ORDER

Mr.V.Anand, learned Government Advocate, takes notice for the respondents.

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

3. It is the grievance of the petitioner that his representation dated 13.06.2018 seeking to provide water for the irrigation works in respect of his lands comprised in Survey Nos.12/3, 12/8, 13/6 and 9/8 of Kondapethan Village, Andalkottaram, to an extent of 12 acres, under the provisions of Tamilnadu Irrigation Works (Construction of Field Bothies) Act, 1959, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the fourth respondent to consider the petitioner's representation dated 13.06.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

To:

1.The Principal Secretary, Government of Tamilnadu, Public Works Department, Fort St.George, Chennai-600 009.

2.The District Collector, Madurai District, Madurai-625 020.

3.The Tahsildar, Madurai East Taluk, Othakadai, Madurai-625 106.

4.The Assistant Engineer, Public Works Department, Periyar Channel, Madurai.

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