This writ petition has been filed seeking a writ of Certiorari to quash the impugned proceedings of the first respondent made in The3/3727/2017, dated 17.08.2017, vide which, the petitioner has been directed to remove the motors as well as close the bore-well situated in his property in Survey No.63/12, Thirupanichettikulam Village, Srivaikundam Taluk, Tuticorin District, on the allegation that he has put up the bore-well without getting any permission and also involved in sale of water.
2.Heard both sides.
3.The case of the petitioner is that the petitioner permitted one private hospital of Tuticorin Town to take water from his bore-well, situated in Survey No.63/12, Thirupanichettikulam Village, Srivaikundam Taluk, Tuticorin District. According to the petitioner, due to scarcity of water, the said hospital has also obtained a letter from Tuticorin Corporation for taking water from the well. The first respondent, without considering the said aspect, has passed the impugned order dated 17.08.2017, directing to remove the motors connected with the bore-well immediately and the said order has been passed in respect of two persons, including the lands belong to the petitioner and in the notice, his brother's name has been mentioned. The grievance of the petitioner is that the impugned order has been passed without issuing any prior notice to him and he has not sold water to any third party for commercial purpose. Therefore, the petitioner is before this Court.
4.The learned Government Advocate appearing for the respondents submitted that the impugned proceeding is nothing, but a show cause notice, for which, the petitioner shall file necessary objections and appear before the first respondent for enquiry on the date to be fixed by this Court.
5.It is the specific case of the petitioner that he has not involved in sale of water and to that effect he has specifically averred in the affidavit that no sale of water is taken place.
6.Recording the said statement made on the side of the petitioner, this Court, directs the petitioner to file necessary objections before the first respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the first respondent shall conduct an enquiry on 25.09.2017 and on that date, the petitioner shall appear before the respondent and the first respondent shall consider the objections and thereafter pass appropriate orders on merits and in accordance with law. Since the impugned order itself is treated as a show cause notice, the observation to close the bore-well shall be kept in abeyance till passing an order by the first respondent in the enquiry.
7.The writ petition is disposed of as above. No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The Block Development Officer, Village Panchayats, Srivaikundam Panchayat Union, Srivaikundam, Tuticorin District.
2.The Thasildar, Srivaikundam Taluk, Srivaikundam, Tuticorin District.
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