1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.9201 of 2011 and M.P.(MD)No.1 of 2011 R.Esakki Thevar ... Petitioner Vs. 1. The Secretary, Public Works Department, Secretariat, Chennai -9. 2. The District Collector, Tirunelveli. 3. The Executive Engineer, Public Works Department, Water Resource Organisation, Thamirabarani River Basin Circle, Tirunelveli. 4. The Managing Director, Servalaxmi Paper Mills Ltd., Kodaganallur Village, Tirunelveli-625 010. 5. The Deputy Thasildhar, Revenue Redressel Forum, Taluk Office, Tirunelveli-1. ... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records relating to the Proceedings No.VI/240M/KO.269 dated 03.05.2010 issued by the third respondent herein and quash the same consequently direct the third and fourth respondents to pay Rs.2lakhs as compensation for the damage caused to the petitioner's house situated at O.No.97, N.No.5/48, Kudipadai Street, Kodaganallur, Tirunelveli District. For Petitioner ... Mr.D.Saravanan For Respondents ... Mr.M.Govindan, Special Govt. Pleader for R.1, R.2, R.3 and R.5 ... Dispensed with for R.4 ORDER This writ petition has been filed by the petitioner to issue a Writ of Certiorarified Mandamus to call for the records relating to the Proceedings No.VI/240M/KO.269 dated 03.05.2010 issued by the third respondent herein and quash the same consequently direct the third and fourth respondents to pay Rs.2lakhs as compensation for the damage caused https://hcservices.ecourts.gov.in/hcservices/ 2 to the petitioner's house situated at O.No.97, N.No.5/48, Kudipadai Street, Kodaganallur, Tirunelveli District. 2. In view of the order that is to be passed, notice to the fourth respondent is dispensed with. 3. Heard Mr.D.Saravanan, learned Counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader who takes notice for the respondents 1 to 3 and 5. 4. By consent, the writ petition itself is taken up for final disposal. 5. The petitioner claims to be a resident of Kodaganallur Village, Tirunelveli District residing at O.No.97, N.No.5/48, Kudipadai Street. According to him, his house is situated at the banks of the river Thamirabarani. Nearby to the house, the fourth respondent company under the permission of the Public Works Department started digging wells for drawing water for use. According to the petitioner, permission was granted for digging one well, whereas the fourth respondent, without proper permission, started digging more than one well and in the process of digging well, the rocky area was blasted causing damage to the petitioner's house. The petitioner made a series of complaints to the authorities and the last of the complaints was made to the Deputy Thasildhar, Revenue Redressel Forum, Taluk Office, Tirunelveli/fifth respondent on 22.06.2010. A copy of the acknowledgment has also been furnished in the typed set of papers. 6. The petitioner claims that due to the blasting and digging wells by the fourth respondent, serious damage has been caused to the house of the petitioner and therefore, he seeks compensation from the respondents holding all of them as responsible. 7. The Writ Petition has been filed on the basis of a reply given to the petitioner in response to a query under Right to Information Act, in which it is stated that the Public Works Department is no way concerned with the digging of the well. This statement appears to be incorrect, in view of the letter of the Executive Engineer, dated 02.02.2009, where it has been stated that permission was granted to the fourth respondent for digging one well and the other wells which were unauthorizedly dug by the fourth respondent were ordered to be closed. There is therefore some force in the petitioner's contention. 8. In the light of the above, the fifth respondent is directed to consider the representation of the petitioner, dated 22.06.2010 by making an on the spot assessment with regard to the complaint made by the petitioner and verify whether the damage alleged to have been caused to the residence of the petitioner is due to the digging of the bore well by the fourth respondent by any means. The fifth respondent shall thereafter take necessary action to redress the grievance of the petitioner if there is any material to substantiate the petitioner's claim. While doing so, the fifth respondent is directed to ensure that the fourth respondent is also put on notice before inspection and be heard, so as to avoid allegations of violation of principles of natural justice. The fifth respondent shall thereafter proceed in the matter purely in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 3 9. With the above direction, this writ petition is disposed of. Consequently, the connected Miscellaneous Petition is also closed. No costs. Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To: 1. The Secretary, Public Works Department, Secretariat, Chennai -9. 2. The District Collector, Tirunelveli. 3. The Executive Engineer, Public Works Department, Water Resource Organisation, Thamirabarani River Basin Circle, Tirunelveli. 4. The Deputy Thasildhar, Revenue Redressel Forum, Taluk Office, Tirunelveli-1. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.28131 Ssl SR : 29.08.2011 : 3p/6c W.P.(MD)No.9201 of 2011 and M.P.(MD)No.1 of 2011 17.08.2011 https://hcservices.ecourts.gov.in/hcservices/