Disposed

Samusoon Mahariba v. The District Collector

Madras HC3 Sept 2024WP(MD)/20972/2024

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the petitioner sought a stay on the digging of a well and laying of a pipeline on her land. The Court directed the District Collector to consider the pending representation and pass appropriate orders within two months, disposing of the petition without costs.

What did the court decide?

The 1st respondent directed to consider the petitioner's representation and pass appropriate orders within two months.

Samusoon Mahariba Vs The District Collector — Writ and Judicial Review | Madras HC (2024)

¶1

W.P(MD)No.20972 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 03.09.2024

¶4

CORAM :

¶5

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

¶6

W.P(MD)No.20972 of 2024 and W.M.P.(MD)No.17764 of 2024

Samusoon Mahariba

... Petitioner

Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

¶11

2.The Block Development Officer, Rural Development Office, Ramanathapuram, Ramanathapuram District.

¶12

3.The Chairman, Ramanathapuram Panchayat Union, Ramanathapuram District.

¶13

4.The President, Therkutharuvai Village Panchayat, Therkutharuvai, Ramanathapuram Taluk and District.

¶14

... Respondents

¶15

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 2 to 4 from digging the Well in Survey No.316/8A beside laying the pipeline through the petitioner's land comprised in Survey No.316/8B situated at Therkutharuvai Village, Utkadai Sakkarakottai Group, Ramanathapuram Taluk

¶16

https://www.mhc.tn.gov.in/judis

¶17

1/5

¶18

W.P(MD)No.20972 of 2024

¶19

and District pending the enquiry contemplated by the 1^st respondent in the light of the representation dated 16.08.2024 made by the petitioner.

¶20

For Petitioner	: Mr.B.Prahalad Ravi
For R1	: Mr.D.Sadiq Raja,
	Additional Government Pleader
For R2 to R4	: Mr.T.Amjadkhan,
	Government Advocate

¶21

ORDER

¶22

This Writ Petition is filed, forbearing the respondents 2 to 4 from digging the Well in Survey No.316/8A beside laying the pipeline through the petitioner's land comprised in Survey No.316/8B situated at Therkutharuvai Village, Utkadai Sakkarakottai Group, Ramanathapuram Taluk and District pending the enquiry contemplated by the 1^st respondent in the light of the representation dated 16.08.2024 made by the petitioner.

¶23

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

¶24

3.It is the grievance of the petitioner that she made representations dated 01.08.2024 and 02.08.2024 to the 2^nd respondent not to dig the Well in Survey No.316/8A beside not to lay the pipeline through the petitioner's land

¶25

https://www.mhc.tn.gov.in/judis

¶26

2/5

¶27

W.P(MD)No.20972 of 2024

¶28

comprised in Survey No.316/8B situated at Therkutharuvai Village, Utkadai Sakkarakottai Group, Ramanathapuram Taluk and District. Since the same has not been considered, the petitioner made a representation dated 16.08.2024 to the 1^st respondent to take necessary action based on the representation. Having received the representation, the 1^st respondent informed the petitioner that the enquiry will be contemplated based on her representation and in the meanwhile, no further action will be taken to dig the well in the land in question. However, the respondents 2 to 4 are taking steps to dig the well. Therefore, the petitioner is before this Court.

¶29

4.Mr.D.Sadiq Raja, learned Additional Government Pleader appearing

¶30

for the 1^st respondent would submit that the Well will be dug by the respondents with administrative sanction and as far as laying of the pipeline in the patta land is concerned, the authorities will follow the procedures.

¶31

5.The said statement made by the learned Additional Government Pleader is recorded.

¶32

6.Considering the fact that the representation of the petitioner is pending with the 1^st respondent, the 1^st respondent is directed to consider the

¶33

https://www.mhc.tn.gov.in/judis 3/5

¶34

W.P(MD)No.20972 of 2024

¶35

same and pass appropriate orders on its own merits and in accordance with law

¶36

within a period of two months from the date of receipt of a copy of this order.

¶37

7.With the above direction, this Writ Petition is disposed of. No

¶38

costs. Consequently, connected miscellaneous petition is closed.

¶39

03.09.2024

¶40

NCC : Yes / No Index : Yes / No Internet : Yes / No

¶41

Yuva

¶42

¶43

1.The District Collector, Ramanathapuram District, Ramanathapuram.

¶44

2.The Block Development Officer, Rural Development Office, Ramanathapuram, Ramanathapuram District.

¶45

3.The Chairman, Ramanathapuram Panchayat Union, Ramanathapuram District.

¶46

4.The President, Therkutharuvai Village Panchayat, Therkutharuvai, Ramanathapuram Taluk and District.

¶47

https://www.mhc.tn.gov.in/judis

¶48

4/5

¶49

W.P(MD)No.20972 of 2024

¶50

N.SATHISH KUMAR, J

¶51

Yuva

¶52

W.P(MD)No.20972 of 2024

¶53

03.09.2024

¶54

https://www.mhc.tn.gov.in/judis

¶55

5/5

Samusoon Mahariba v. The District Collector

Case brief

What is this about?

What did the court decide?

Samusoon Mahariba v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Latha Vs The State of Tamil Nadu

Selvaraj R Vs The Deputy Inspector General of Registration

Jeyaraj .G Vs The Inspector General of Registration

B.Maharaja Vijay Vs The Reserve Bank of India

Jebaraj.Y Vs The Secretary

Minor. Krisha Mrithika Vs The Government of India