IN THE COURT OF JUDICATURE AT MADRAS DATED 14.6.2011 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P.No.13614 of 2011 and M.P.No.1 of 2011 Marvel Parampariyam Residence Welfare Association, represented by its President Mr.K.S.Subbaian, No.74, Marvel Parampariam, Kallappatti Road, Saravanampatti, Coimbatore-641 035. ... Petitioner Vs. 1.The Member Secretary, Town & Country Planning, #12, Corporation Commercial Building, Tatabath, Coimbatore-12. 2.The Assistant Director, Town Panchayats, Coimbatore. 3.The Executive Officer, Saravanampatti Town Panchayat, Coimbatore 641 035. 4.Mrs.Janaki. .. Respondents Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to take necessary action against the fourth respondent for the illegal activity of taking the ground water from the bore well for commercial purpose with tanker lorries and tractors without obtaining any permission from the authorities in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.S.Sivakumar, For Respondents : Mrs.V.M.Velumani, Special Government Pleader for R1 to R3. O R D E R Writ petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to take necessary action against the fourth respondent for the illegal activity of taking the ground water from the bore well for commercial purpose with tanker lorries and tractors without obtaining any permission from the authorities in accordance with law. 2. Mrs.V.M.Velumani, learned Special Government Pleader takes notice on behalf of the respondents 1 to 3. In view of the order that is to be passed in this matter, the notice to the fourth respondent is dispensed with. By consent of both parties, the writ petition is taken up for final disposal. 3. The grievance of the petitioner is that the fourth respondent is extracting ground water and uses for commercial purpose. A complaint has been made to the third respondent and the third respondent in turn has sought for legal opinion and based on the legal opinion, a reply has been sent to the petitioner on 27.4.2010 wherein it has been clearly stated that pursuant to the notice issued to the fourth respondent on 26.3.2010, the fourth respondent has stopped from extracting water for commercial purpose and using only for own use. After receipt of the letter, the petitioner states that there is a breach by the fourth respondent for which a compliant/representation has been given on 5.10.2010. Since no action has been taken so far, present writ petition has been filed. 4. The Special Government Pleader appearing for the respondents 1 to 3 states that the petitioner has given the complaint/representation dated 5.10.2010 to the Director, Town and Country Planning, Chennai. Petitioner may be directed to submit a complaint/representation to the third respondent and a direction may be issued to the third respondent to consider and dispose of the representation in accordance with law. 5. In view of the submission made by the learned Special Government Pleader, the petitioner is directed to submit a fresh complaint/representation to the third respondent along with a copy of this order. On receipt of the complaint/representation along with a copy of this order, the third respondent shall deal with the matter on its own merits and in accordance with law expeditiously. If the right of the fourth respondent or any other persons is affected, they shall also be properly noticed and heard so as to avoid the https://hcservices.ecourts.gov.in/hcservices/ allegation of violation of principles of natural justice. 6. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar //True Copy// Sub.Asst.Registrar ts To 1.The Member Secretary, Town & Country Planning, #12, Corporation Commercial Building, Tatabath, Coimbatore-12. 2.The Assistant Director, Town Panchayats, Coimbatore. 3.The Executive Officer, Saravanampatti Town Panchayat, Coimbatore 641 035. 1 cc to Mr. S.Sivakumar,, Advocate, Sr.No.34457 W.P.No.13614 of 2011 ku(co) pmk.29.6.2011 https://hcservices.ecourts.gov.in/hcservices/