Disposed

Kulanthai Machado v. The Stare of Tamil Nadu

Madras HC12 Dec 2024WP(MD)/30138/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking mandamus to direct respondents to provide drinking water and complete water projects. The Court directed respondents to consider the petitioner's representation dated 19.08.2024 and pass appropriate orders within three months.

What did the court decide?

Direction to respondents to consider the petitioner's representation dated 19.08.2024 and pass appropriate orders within three months.

Kulanthai Machado Vs The Stare of Tamil Nadu — Writ and Judicial Review | Madras HC (2024)

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WP(MD). No.30138 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE

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WP(MD). No.30138 of 2024

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Kulanthai Machado ... Petitioner

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The Stare of Tamil Nadu, Represented by its Additional Chief Secretary, Rural Development and Panchayat Raj, (S.G.S-I) Secretariat, Chennai - 600 009..

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The State of Tamil Nadu, Represented by its Additional Principal Secretary, Municipal Administration And Water Supply (Ws-1) Department, Secretariat, Chennai - 600 009..

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The District Collector, Korampallam, Tuticorin District - 628 001..

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The Joint Director / Project, Director, the District Rural Development Agency, Ii Floor, K.V.K. Samy Building, Collectorate, Korampallam, Tuticorin District - 628 001..

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

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WP(MD). No.30138 of 2024

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The Executive Engineer, Tamil Nadu Water and Drainage Board Maintenance Division, 16h/1a, Jailani Colony, Tuticorin - 628 008..

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The Assistant Executive Engineer, Tamil Nadu Water and Drainage Board, Rural Water Scheme Division, 16h/1a, Jailani Colony, Tuticorin - 628 008..

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The Block Development Officer, Rural Panchayat, Alwar Thirunagari Panchayat Union, Thenthirupporai, Tuticorin District - 628 623..

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The Panchayat President, Punnakayal Panchayat Office, Punnakayal, Tuticorin District.. ... Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS, directing the respondents herein to provide drinking water daily to all the households of Punnaikayal Village, Thiruchendur Taluk, Thoothukudi District and to complete the projects that were accorded administrative approval by the 3rd respondent under the Self-sufficiency Scheme for Punnaikayal Village and Jal Jeevan Mission.

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

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WP(MD). No.30138 of 2024

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For Petitioner : Mr.S.Savarimuthu For Respondents : Mr.P.Thilak Kumar for R1 to R4 & R7 Government Pleader Mr.R.Satheesh for R5 & R6

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ORDER

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(Order of the Court was made by M.S.RAMESH,J.)

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By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

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The petitioner has filed this writ petition for a mandamus to direct the respondents herein to provide drinking water daily to all the households of Punnaikayal Village, Thiruchendur Taluk, Thoothukudi District and to complete the projects that were accorded administrative approval by the 3^rd respondent under the Self-sufficiency Scheme for Punnaikayal Village and Jal Jeevan Mission.

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In order to provide drinking water to all the households of the

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petitioner's village, the petitioner has given a representation to the official respondents on 19.08.2024. Since the said representation has not

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

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WP(MD). No.30138 of 2024

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petition.

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been considered so far, the petitioner is before this Court with this petition.

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It is needless to point out that whenever a representation of this nature is made to Statutory Authorities, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

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In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 19.08.2024 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and all other persons, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to

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

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WP(MD). No.30138 of 2024

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the concerned respondents to consider the same on its own merits.

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With the above direction, the Writ Petition stands disposed of.

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No costs.

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[M.S.R.,J] [A.D.M.C.,J] 12.12.2024

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NCC : Yes/No Index : Yes/No

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

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WP(MD). No.30138 of 2024

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1.The Additional Chief Secretary, Rural Development and Panchayat Raj, (S.G.S-I) Secretariat, Chennai - 600 009..

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The Additional Principal Secretary, Municipal Administration And Water Supply (Ws-1) Department, Secretariat, Chennai - 600 009..

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The District Collector, Korampallam,Tuticorin District - 628 001..

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The Joint Director / Project, Director, the District Rural Development Agency, Ii Floor, K.V.K. Samy Building, Collectorate, Korampallam, Tuticorin District - 628 001..

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The Executive Engineer,

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Tamil Nadu Water and Drainage Board Maintenance Division,

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16h/1a, Jailani Colony, Tuticorin - 628 008..

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The Assistant Executive Engineer, Tamil Nadu Water and Drainage Board, Rural Water Scheme Division, 16h/1a, Jailani Colony, Tuticorin - 628 008..

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The Block Development Officer, Rural Panchayat, Alwar Thirunagari Panchayat Union, Thenthirupporai, Tuticorin District - 628 623..

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

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WP(MD). No.30138 of 2024

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M.S. RAMESH, J. AND A.D.MARIA CLETE, J.

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ORDER IN WP(MD) No.30138 of 2024

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Date : 12/12/2024

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

Kulanthai Machado v. The Stare of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Kulanthai Machado v. The Stare of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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