D.Lakshmi v. The Union Territory Of Puducherry Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD D.Lakshmi : Petitioner Vs 1.The Union Territory of Puducherry rep. By the District Collector, Puducherry 2.The Deputy Collector - South Division, Villianur, Puducherry 605 110 3.The Chief Engineer, Public Works Department, Puducherry 605 001 4.The Executive Engineer, Irrigation Division, Public Works Department, Puducherry-605 001.

: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to take effective measures to stop the laying of cement road encroaching the 20 feet wide irrigation canal in Villianur Revenue Village and subsequently take appropriate action to restore the 20 feet wide

irrigation canal in Villianur Revenue Village. For Petitioner :

Mr.V.S.Senthil Kumar For Respondents :

Mr.S.Raveekumar, Government Pleader (Puducherry)

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.S.Senthil Kumar, learned counsel for the petitioner and Mr.S.Raveekumar, learned Government Pleader (Puducherry) for the respondents.

2. Learned counsel for the petitioner submits that a 20 feet wide irrigation canal is sought to be encroached by laying cement concrete road.

3. An affidavit is filed by the Executive Engineer, Public Works Department, Puducherry. It is stated in the affidavit that an inspection track is proposed to be constructed around the canal and the said track would be constructed by laying a cement concrete structure, which shall be purely utilised for inspecting the canal and carrying out de-silting works. The said structure shall be properly fenced so as to

ensure that the inspection track is utilised only for the purpose of entry of officials and workers engaged for the said purpose, and not open to public.

4. In light of the above, the apprehension of the petitioner is taken care of. The writ petition is disposed of. There shall be no order as to costs. Consequently, WMP No.2542 of 2024 is closed. (S.V.G., CJ.) (J.S.N.P., J.) 12.04.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Puducherry 2.The Deputy Collector - South Division, Villianur, Puducherry 605 110 3.The Chief Engineer, P.W.D., Puducherry 605 001 4.The Executive Engineer, Irrigation Division, P.W.D., Puducherry 605 001

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(tar) 12.04.2024