Manickam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.2766 of 2025 1.
Manickam S/o.Govindan 2.
Ganesan S/o.Erusagoundar 3.
Murugan S/o.Ayyamuthu
...Petitioners
Vs 1.
The District Collector Salem District Salem.
2.
The Revenue Divisional Officer Mettur, Mettur Dam, Salem District.
3.
The Tahsildar Omalur Taluk Salem District.
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4.
The Block Development Officer Omalur Panchayat Union Omalur Taluk Salem District.
5.
The Panchayat President Kottaimariyamman Kovil Village Panchayat Omalur Panchayat Union Omalur Taluk Salem District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 5 to restore the canal in its original width of 17.6 by removing the encroachments under the guise of laying the road on the canal bund in Survey Nos.63 and 65, situate at Kottaimariyamman Kovil, Omalur Village and Taluk, Salem District, based on the representation dated 13.12.2024. For Petitioners :
Mr.J.Shakul Hameed representing Mr.C.Prabakaran For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 to R3 Mr.T.Chezhiyan, Additional Government Pleader for R4 and R5 Page Nos.2/12
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Subject matter of captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} is 'land comprised in S.Nos.63 and 65 in No.60 Omalur Village, Omalur Taluk, Salem District' {hereinafter 'said land' for the sake of brevity, convenience and clarity}.
2. Mr.J.Shakul Hameed, learned counsel representing counsel on record for writ petitioners submits that an attempt is being made to encroach upon said land which is a canal bund. Learned counsel submits that such attempt is being made under the guise of laying road.
3. Issue notice.
4. Mr.T.K.Saravanan, learned Government Advocate, accepts notice for R1 to R3 and Mr.T.Chezhiyan, learned Additional Government Pleader, accepts notice for R4 and R5.
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5. Learned State Counsel on the basis of written instructions submits that there is no proposal of laying road qua said land for the present and that neither administrative sanction nor fund allocation has been made for laying road.
6. Owing to the limited scope of the captioned main WP, main WP is taken up in the Admission Board with the consent of learned State Counsel and learned counsel for writ petitioners.
7. Learned State Counsel reiterating the aforementioned submission and waiving privileged communication immunity has placed before us written instructions dated 29.01.2025 bearing reference Na.Ka.No.288/2025/A1 from R3 along with annexures thereat and scanned reproduction of the same is as follows:
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8. In the light of emphatic say of respondents, we are of the considered view that the anxiety / compliant of writ petitioners stands addressed and therefore recording stated position of respondents vide aforementioned written instructions will suffice for giving closure to captioned main WP. We do so.
Captioned WP and captioned WMP thereat disposed of by recording stated position of respondents and writing that the same addresses grievance / apprehension projected by writ petitioners. There shall be no order as to costs.
(M.S.,J.) (K.R.S.,J.) 30.01.2025 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.10/12
To 1.
The District Collector Salem District Salem.
2.
The Revenue Divisional Officer Mettur, Mettur Dam, Salem District.
3.
The Tahsildar Omalur Taluk Salem District.
4.
The Block Development Officer Omalur Panchayat Union Omalur Taluk Salem District.
5.
The Panchayat President Kottaimariyamman Kovil Village Panchayat Omalur Panchayat Union Omalur Taluk, Salem District.
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M.SUNDAR, J., and K.RAJASEKAR, J., mk 30.01.2025 (2/2) Page Nos.12/12