Ranganayaki v. The Commissioner /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.8987 of 2017 W.M.P.Nos.9898 and 16856 of 2017 Ranganayaki

...Petitioner

Versus

1.The Commissioner / Block Development Officer, Udumalpet Panchayat Union, Udumalpet, Tiruppur District.

2.The Executive Engineer (PWD - WRO), Amaravathi Basin Division, Dharapuram, Tiruppur District.

... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, forbearing the respondents or any other persons from interfering with the petitioner's water irrigation facility from the well situated at Survey No.105 to the land comprised in survey No.164/1D situated at Ellaymuthur Village, Udumalpet Taluk, Tiruppur District through the lands in Survey No.166/1, 166/2, 166/3 and 185 based on the order of the 2nd respondent dated 02.02.2016 in letter No.Va.Pa./Va.A2/Ko.3b/21M/2016 and the order of the 1st respondent dated 19.01.2017 made in Na.Ka.No.3540/2016/A1. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.R.A.S.Senthilvel Additional Government Pleader

O R D E R

This writ petition has been filed seeking for issuance of writ of mandamus, forbearing the respondents from interfering with the petitioner's water irrigation facility from the well situated at Survey No.105 to the land comprised in Survey No.164/1D situated at Ellaymuthur Village, Udumalpet Taluk, Tiruppur District.

2. Heard Mr.C.Prabakaran, learned counsel appearing for the petitioner Mr.R.A.S.Senthilvel, learned Additional Government Pleader, appearing for the respondents and perused the material documents available on record.

3. In the counter affidavit filed by the second respondent, it is stated that after receiving complaints alleging that the petitioner had laid pipe line, by encroaching the Government land, an explanation was called for from the petitioner. It is further stated that the explanation given by the petitioner was accepted and the proceedings initiated against the petitioner was dropped.

4. The learned Additional Government Pleader appearing for the respondents submitted that there is no proceedings pending against the petitioner and they will not interfere with the irrigation rights enjoyed by the petitioner.

5. In the light of the above facts, this Court is of the opinion that no further adjudication is required in this writ petition. Accordingly, this writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Commissioner / Block Development Officer, Udumalpet Panchayat Union, Udumalpet, Tiruppur District.

2.The Executive Engineer (PWD - WRO), Amaravathi Basin Division, Dharapuram, Tiruppur District.

+1cc to Mr.C.Prabakaran,ADVOCATE SR6339 +1CC TO Government Pleader sr.6993 W.P.No.8987 of 2017 W.M.P.Nos.9898 and 16856 of 2017 GSP/16/02/2018