1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.12556 of 2011 and M.P.(MD)No.1 of 2011 T.Muthusamy ... Petitioner Vs. 1.The District Collector, Tirunelveli-District, Tirunelveli. 2.The Executive Engineer, PWD-WRO-Upper Vaippar Basin Division, Rajapalayam-626 117, Virudhunagar District. 3.The Assistant Engineer, PWD-WRO-Upper Vaippar Basin Division, Sankarankovil-627 756, Tirunelveli District. 4.Chokkampatti Panchayat, through its President, Chokkampatti, Tirunelveli District. ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing respondents 1 to 3 to regulate the usual water supply to the Kalingakulam Tank in Madathupatti Revenue Village, Sankarankovil Taluk, Tirunelveli District, as per the memoir and revenue records by removing the obstruction made in the odai or canal which feeds and leads to the said tank, within a time frame. For Petitioner : Mr.F.X.Eugene For Respondents : Mr.V.Pandi, 1 to 3 Government Pleader. O R D E R [Order of the Court was made BY K.N.BASHA, J] The petitioner has come forward with this writ petition seeking for a direction to respondents 1 to 3 to regulate the usual water supply to the Kalingakulam Tank in Madathupatti Revenue Village, Sankarankovil Taluk, Tirunelveli District, as per the memoir and revenue records, by removing the obstruction made in the 'odai' or 'canal' which feeds and leads to the said tank, within a time frame. 2.Mr.V.Pandi, learned Government Advocate, takes notice for respondents 1 to 3. We are of the view that notice need not be issued to the 4th respondent, since the interest of the 4th respondent would also be protected by this order. By mutual consent of the learned https://hcservices.ecourts.gov.in/hcservices/ 2 counsel for the parties, the main writ petition itself is taken up for final hearing at the time of admission itself. 3.Learned counsel for the petitioner would submit that the petitioner has filed this writ petition in public interest, as the 4th respondent is blocking the 'odai' (canal) which feeds the tank in question by forming new road, which results in deficiency of water supply to the tank. It is contended that inspite of the representations preferred by the petitioner on 04.07.2011 and 17.08.2011, no action was taken by the 1st respondent. 4.Heard the learned Government Advocate on the above submissions made by the learned counsel for the petitioner. 5.In view of the limited prayer made in this writ petition, this Court, without going into the merits of the representations of the petitioner dated 04.07.2011 and 17.08.2011 and without expressing any view in respect of such representations, is constrained to direct the 1st respondent to consider the representations of the petitioner, dated 04.0.2011 and 17.08.2011, by affording an opportunity to the petitioner as well as to the 4th respondent and other relevant parties and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, the writ petition stands disposed of. No costs. Connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar(CS) To: 1.The District Collector, Tirunelveli-District, Tirunelveli. 2.The Executive Engineer, PWD-WRO-Upper Vaippar Basin Division, Rajapalayam-626 117,Virudhunagar District. 3.The Assistant Engineer, PWD-WRO-Upper Vaippar Basin Division, Sankarankovil-627 756, Tirunelveli District. 4. The President, Chokkampatti Panchayat, Chokkampatti, Tirunelveli District +1cc to Special Government Pleader, SR.No.38516 gb : : 23.11.2011 : 2p/6c ORDER IN WP(MD)No.12556/2011 and MP(MD)No.1/2011 Dated:04.11.2011 https://hcservices.ecourts.gov.in/hcservices/