Facts
The petitioner filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the respondents to consider his representation dated 22 June 2026 within a time frame fixed by the Court.
Source reference: p.1In the representation, he stated that the overhead water tank at Kamudhi Town was more than 40 years old and required either repair or demolition followed by construction of a new tank.
Source reference: p.1During the proceedings, the Court called for a report from the respondents.
Source reference: p.2The Additional Government Pleader produced a resolution of the Kamudhi Panchayat approving demolition of the existing overhead tank and construction of a new one, together with the necessary estimate.
Source reference: p.2Issues
Whether the respondents should be directed, by mandamus, to consider the petitioner’s representation concerning the repair or replacement of the old overhead water tank at Kamudhi.
Source reference: p.1Whether the subsequent Panchayat resolution approving demolition of the existing tank and construction of a new tank sufficiently addressed the petitioner’s grievance.
Source reference: p.2Law Applied
The Court exercised its jurisdiction under Article 226 of the Constitution, including the power to issue a writ of mandamus to require a public authority to consider and act upon a lawful representation.
Source reference: pp.1–2The Court also applied the principle that where the competent local authority has considered the grievance and taken an administrative decision addressing the requested public work, the writ petition may be closed by recording that decision.
Source reference: pp.1–2No specific statutory provision or judicial precedent was relied upon in the order.
Source reference: pp.1–2Reasoning
The petitioner’s grievance concerned the alleged dilapidated condition and age of a public overhead water tank and sought administrative consideration of the requested remedial action.
Source reference: p.1Rather than issuing a separate mandamus directing consideration of the representation, the Court obtained a report from the respondents.
Source reference: p.2The report disclosed that the Kamudhi Panchayat had already resolved to demolish the old tank and construct a new one, and that an estimate had been prepared for the work.
Source reference: p.2Since the administrative action substantially addressed the relief sought by the petitioner, no further direction was considered necessary.
Source reference: p.2Holding
The Court recorded the Panchayat’s resolution to demolish the existing overhead tank and construct a new one, along with the preparation of the necessary estimate.
On that basis, the writ petition was closed without issuing any further mandamus or directions.
Source reference: p.2There was no order as to costs.
Source reference: p.2Original Court PDF
R.ShanmughaperumalvsThe District Collector
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