1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI W.P.(MD)No.10900 of 2011 and M.P.(MD)No.1 of 2011 C.Thiruppathi ... Petitioner Vs. 1.The District Collector, Dindigul District, Dindigul. 2.The Assistant Executive Engineer, Agricultural Engineering Department, Palani, Dindigul District. 3.The President, T.Pudukkottai Village, Oddanchathiram Taluk, Dindigul District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents not to construct the water pond in the petitioner's land in S.F.Nos.115 and 116 Eastern side at the extent of 2.5 acres alone situated at Thasaripatti Village, Palani Taluk, Dindigul District based on the petitioner's representation dated 02.09.2011. For Petitioner : Mr.S.Karthik For Respondents : Mr.R.Anandraj, G.A. for R1 and R2 Mr.S.Kumar for R3 O R D E R Mr.R.Anandraj, learned Government Advocate takes notice for R1 and R2. Mr.S.Kumar learned counsel takes notice for R3. By consent, the Writ petition itself is taken up for final hearing. 2.The petitioner, who is stated to be an Ex-service man, is in possession of the land in S.F.Nos.115 and 116 Eastern side at the extent of 2.5 acres alone situated at Thasaripatti Village, Palani Taluk, Dindigul District, from 1978 onwards. His grievance is that the 2nd respondent is taking steps to construct a water pond in his land. Therefore, he made a representation to the 1st respondent and other Officials on 02.09.2011 to take steps to put up the said pond in alternate place. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Considering the limited scope of the prayer, without going into the merits of the case, the Writ petition is disposed of with a direction to the 1st respondent to consider the representation dated 02.09.2011 and pass appropriate orders on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order, making it clear that if the petitioner is in occupation of the water course, it is for the 1st respondent to take appropriate action in the manner known to law. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul. 2.The Assistant Executive Engineer, Agricultural Engineering Department, Palani, Dindigul District. 3.The President, T.Pudukkottai Village, Oddanchathiram Taluk, Dindigul District. Nbj ssk/12.10.2011 /4c-2p/- W.P.(MD)No.10900 of 2011 23.09.2011 https://hcservices.ecourts.gov.in/hcservices/