1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8651 of 2011 K.Seeniraj .. Petitioner Vs. 1. The District Collector, Madurai District, Madurai. 2. The Tahsildar, Peraiyur Taluk, Madurai District. 3. The Block Development Officer, Sedapatti Panchayat Union, Madurai District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 11.07.2011 and consequently to forbear the respondent to excavating the land by using JCP in Survey No.257/5, 257/6, 256/1, 255/1. For Petitioner : Mr.S.Muniyandi For Respondents : Mr.M.Govindan Special Government Pleader for R.1 and R.2 : Mr.Ayiram K.Selvakumar for R.3 O R D E R This Writ Petition has been filed by the petitioner for a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 11.07.2011 and consequently to forbear the respondent to excavate the land by using JCP in Survey No.257/5, 257/6, 256/1, 255/1. 2. Heard Mr.S.Muniyandi, learned Counsel for the petitioner, Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondents 1 and 2 and Mr.Ayiram K.Selvakumar, who takes notice for the third respondent. 3. By consent, the writ petition itself is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The petitioner states that his land is adjacent to a channel. The respondent authorities, in order to strengthen the channel bund, are excavating the sand from the land adjacent to the petitioner's land and as a consequence large amount of sand is being dumped all over the place disturbing the petitioner's agricultural operations. At one point of time, the respondents are trying to dig into the lands of the petitioner and aggrieved by the manner in which the channel work is being taken by the Public Works Department, the petitioner has made a representation to the District Collector/first respondent to protect his lands. The Writ Petition has been filed to direct the first respondent to consider the said representation. 5. The learned Counsel for the respondents states that the District Collector will considerably instruct the authorities, more particularly, the third respondent to inspect the place, so that the grievance of the petitioner will be suitably redressed. 6. In view of the above, the District Collector is directed to give instructions to the third respondent to take up the work of strengthening the channel without causing any damage or disturbance to the petitioner's agricultural operations and the representation may be considered on its own merits and in accordance with law as expeditiously as possible. It is made clear that this Court does not express any opinion about the merits of the petitioner's claim and the Authority shall dispose the same on its own merits. 7. With the above direction, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1. The District Collector, Madurai District, Madurai. 2. The Tahsildar, Peraiyur Taluk, Madurai District. 3. The Block Development Officer, Sedapatti Panchayat Union, Madurai District. +1 CC to Mr.S.Muniyandi, Advocate (SR.No.25810) +1 CC to Special Government Pleader (SR.No.26120) W.P(MD)No.8651 of 2011 03.08.2011 ssl NSV/11.8.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/