Madras High Court Issues Mandamus for Overhead Tank Repair or Replacement. Court directed the respondents to act on the petitioner's representation regarding the condition of public infrastructure. The respondents acknowledged the need for action by passing a resolution to demolish and replace the overhead tank.

High Court: Madras High Court Bench: Madurai
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Case Note & Summary

The case involved a writ petition filed by the petitioner seeking a mandamus to direct the respondents to consider a representation regarding an old overhead tank in Kamudhi Town. The petitioner claimed that the tank was over 40 years old and required either repair or demolition and replacement. The court sought a report from the respondents, who provided a resolution from the Panchayat indicating plans to demolish the old tank and construct a new one, along with an estimate for the work. The court recorded this resolution and closed the writ petition without costs, indicating that the petitioner's concerns were addressed satisfactorily.

Headnote

A) Constitutional Law - Writ of Mandamus - Consideration of Representation - Constitution of India, Article 226 - The petitioner sought a direction for the consideration of a representation regarding the condition of an overhead tank. The court noted the respondents' resolution to demolish the old tank and construct a new one, thereby closing the petition without costs. Held that the representation was duly acknowledged and acted upon (Paras 1-3).

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Issue of Consideration

Whether the respondents should consider the petitioner's representation regarding the overhead tank.

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Final Decision

The court recorded the respondents' resolution to demolish the old overhead tank and construct a new one, thereby closing the writ petition without costs.

Law Points

  • Writ of Mandamus
  • consideration of representation
  • public infrastructure maintenance
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Case Details

2026 LawText (MAD) (08) 249

WP(MD) No. 20208 of 2026

2026-08-12

C.V. Karthikeyan, R. Sakthivel

Mr.S.Bharathi, Mr.S.I.Muthiah

R.Shanmughaperumal

The District Collector, The Assistant Director, The Executive Officer

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Nature of Litigation

Writ petition seeking mandamus for consideration of representation.

Remedy Sought

Petitioner sought a direction for the consideration of a representation regarding an overhead tank.

Filing Reason

The overhead tank was old and required repair or replacement.

Issues

Whether the respondents should consider the petitioner's representation regarding the overhead tank.

Submissions/Arguments

Petitioner argued for the need to repair or replace the overhead tank. Respondents provided a resolution to demolish and construct a new tank.

Ratio Decidendi

The court emphasized the importance of addressing public infrastructure concerns and acknowledged the respondents' resolution as a satisfactory response to the petitioner's representation.

Judgment Excerpts

The Writ Petition has been filed in the nature of a Mandamus seeking consideration of the representation given by the petitioner. Necessary estimate in that regard had also been worked out. Recording the same, the Writ Petition stands closed.

Procedural History

The writ petition was filed under Article 226 of the Constitution of India, seeking a mandamus for consideration of a representation regarding an overhead tank.

Acts & Sections

  • Constitution of India: Article 226
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