Disposed

K.Karuppudaiyar v. The Commissioner of Town &

Madras HC18 Jan 2016WP/1381/2016

Case brief

AI extract

What is this about?

In this writ petition, petitioners sought a mandamus directing the Deputy Director of Town & Country Planning to act on a representation regarding an obstruction in a canal. The Court directed the official respondent to consider the representation on merits within six weeks and held that no notice was required to Village Panchayat officials at the admission stage.

What did the court decide?

Direction to the 3rd respondent to consider the petitioners' representation dated 31.08.2015 on merits after notice to all concerned within six weeks.

K.Karuppudaiyar Vs The Commissioner of Town & — Land Acquisition | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.01.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

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W.P.No.1381 of 2016

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1.K.Karuppudaiyar 2.A.Thangaraj .. Petitioners V. 1.The Commissioner of Town & Country Planning, 807, Anna Salai, Chennai 600 002. 2.The District Collector, Salem - 636 006. 3.The Deputy Director of Town & Country Planning, Salem Region, Salem District - 636 005. 4.The Block Development Officer, Salem Cuddalore Main Road, Valappady Post, Valappady Taluk Salem District - 636 115. 5.M.S.Nawas 6.K.L.Periyasamy .. Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents 1 to 3 herein, to consider the representation dated 31.08.2015 seeking to remove the obstruction made by the 5th and 6th respondents in the canal running nearby their land situated in S.No.336/2 Kuruchi Village, Valappady Taluk, Salem District to enable free flow of water to the wet agricultural lands of the petitionerrs and other Kuruchi Village Agriculturalist.

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The petitioners have filed this writ petition praying for issuance of a writ of mandamus to direct the respondents 1 to 3 to consider his representation dated 31.08.2015 and remove the obstruction alleged to have been caused by the 5th and 6th respondents.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The petitioners would state that the 5th respondent is the President of the Village Panchayat and he has caused obstruction to the free flow of water in the canal. Since action was not initiated by the 3rd respondent, the petitioners submitted representations to the 1st respondent on 04.06.2015, 10.07.2015 and 31.08.2015. These representations have been forwarded by the 1st respondent to the 3rd respondent, vide proceedings dated 30.10.2015 with a further direction to initiate appropriate action and the petitioners informed of the action taken. The petitioners grievance is that inspite of the same, there is no appreciable action taken by the 3rd respondent, which has compelled the petitioners to approach this Court by way of this writ petition.

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3.In view of the order proposed to be passed in this writ petition at the admission stage, notice to the 5th and 6th respondents is not necessary as the merits of the allegations made by the petitioners as against the 5th and 6th respondents are not gone into and it is left open to the official respondents to take note of the same.

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4.In the light of the facts and circumstances of the case, there will be a direction to the 3rd respondent to consider the petitioners representation dated 31.08.2015 on merits and in accordance with law, after notice to all concerned within a period of six weeks from the date of receipt of a copy of this order.

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5.With the above direction, the Writ Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar

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1.The Commissioner of Town & Country Planning,

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807, Anna Salai, Chennai 600 002.

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2.The District Collector,

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Salem - 636 006.

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https://hcservices.ecourts.gov.in/hcservices/

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3.The Deputy Director of Town & Country Planning, Salem Region, Salem District - 636 005.

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4.The Block Development Officer, Salem Cuddalore Main Road, Valappady Post, Valappady Taluk Salem District - 636 115.

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+1cc to M/S.Muthumari Doraisami, Advocate, S.R.No.2552 +1cc to the Government Pleader, S.R.No.2724

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W.P.No.1381 of 2016

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sv(CO)
srg(27/01/2016)

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https://hcservices.ecourts.gov.in/hcservices/

K.Karuppudaiyar v. The Commissioner of Town &

Case brief

What is this about?

What did the court decide?

K.Karuppudaiyar v. The Commissioner of Town &

Case brief

What is this about?

What did the court decide?

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