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2023 DAILYLAW 4455 (MAD)

Premkumar.S v. The District Collector

WP(MD)/30009/2023 · 2026-03-02

Hemant Chandangoudar

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD). No.30009 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/03/2026 CORAM THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WP(MD). No.30009 of 2023 Premkumar.S, ... Petitioner Vs 1. The District Collector, District Collectorate, Dindigul. 2. The Assistant Director of Panchayat, Dindigul. 3. The Block Development Officer, (Union Panchayat) (East Panchayat), Dindigul.. 4. The President,, Balakrishnapuram Panchayat, Dindigul. 5. Kandasamy ... Respondents 1/7 https://www.mhc.tn.gov.in/judis WP(MD). No.30009 of 2023 PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to the 4th respondent/the President of Balakrishnapuram Panchayat of Dindigul District to take appropriate action as per the proceedings of the 3rd Respondent / The Block Development Officer (East Panchayat), Panchayat Union Office, Dindigul in his proceedings No.1630/2023 /Oo 7 dated 26.09.2023 as against the 5th respondent within the time to be fixed by this Court. For Petitioner : Mr.Vairava Sundaram.P, For R1 to R4 : Mr.P.Subbaraj, Additional Government Pleader ORDER This Writ Petition has been filed seeking a direction to the fourth respondent to take appropriate action, in accordance with the proceedings issued by the third respondent, against the fifth respondent within the time frame to be stipulated by this Court. 2. The case of the petitioner is that he had submitted a representation to the authorities seeking action against the fifth respondent, who is his neighbour. According to the petitioner, the fifth respondent has unauthorisedly laid a drainage channel in front of the petitioner’s house and provided an outlet towards the 2/7 https://www.mhc.tn.gov.in/judis WP(MD). No.30009 of 2023 western boundary of the petitioner’s property. It is the grievance of the petitioner that due to the said drainage arrangement, wastewater stagnates near the petitioner’s house, resulting in water logging and causing serious hygiene and sanitation issues to the petitioner. 3. In this regard, the petitioner submitted a representation before the competent authorities requesting them to take necessary action against the fifth respondent. The said representation was considered by the third respondent, who, after examining the issue, issued proceedings in Na.Ka.No.1630/2023/Oo7 dated 26.09.2023, recommending the fourth respondent to take appropriate action in accordance with law. However, despite the said recommendation made by the third respondent, the fourth respondent has not taken any further action in the matter till date, which has constrained the petitioner to approach this Court by filing the present Writ Petition. 3/7 https://www.mhc.tn.gov.in/judis WP(MD). No.30009 of 2023 4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 4. This Court has also perused the materials placed on record. 5. Considering the submissions made on either side and taking into account the fact that the third respondent has already issued proceedings recommending action to be taken by the fourth respondent, this Court is of the view that the fourth respondent shall consider the said proceedings and take appropriate action in accordance with law. 6. Accordingly, the fourth respondent is directed to consider the proceedings in Na.Ka.No.1630/2023/Oo7 dated 26.09.2023 issued by the third respondent and take appropriate action in accordance with law, after issuing notice to the fifth respondent and affording an opportunity of hearing to the concerned parties. 4/7 https://www.mhc.tn.gov.in/judis WP(MD). No.30009 of 2023 The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. 7. With the above directions, this Writ Petition stands disposed of. No costs. 02.03.2026 CM 5/7 https://www.mhc.tn.gov.in/judis WP(MD). No.30009 of 2023 TO 1. The District Collector, District Collectorate, Dindigul.. 2. The Assistant Director of Panchayat, Dindigul. 3. The Block Development Officer, (Union Panchayat) (East Panchayat), Dindigul.. 4. The President,, Balakrishnapuram Panchayat, Dindigul. 6/7 https://www.mhc.tn.gov.in/judis WP(MD). No.30009 of 2023 HEMANT CHANDANGOUDAR, J CM ORDER IN WP(MD) No.30009 of 2023 Date : 02/03/2026 7/7 https://www.mhc.tn.gov.in/judis