M.P.Natarajan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.No.7480 of 2026 M.P.Natrajan S/o.Periyaswamy ... Petitioner vs.
1.
The District Collector Salem District.
2.
The Revenue Divisional officer Attur, Salem District.
3.
The Tahsildar Attur Taluk, Salem District.
4.
The Assistant Engineer Public Works Department Water Resources Organization Salem District.
5.
M.P.Nagarajan S/o.Perumal Page Nos.1/4
6.
R.Arul Prakasam S/o.Raji ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 4th respondent proceedings in Ka.No.8/pa.la/va.pa/i.va.a/ko.4/2026 dated 09.01.2026, quash the same and consequently, direct the respondents 1 to 4 to forthwith remove the bridge constructed across the Odai Poramboke in Survey No.28/5 at Jarikothambadi Village, restore the water channel to its original condition and prevent any future encroachment, within a time frame. For Petitioner :
Mr.Mahaveer Sivaji For Respondents :
Mr.P.Sathish Additional Government Pleader for R1 to R4 *****
O R D E R
The order impugned, issued by the Executive Engineer, Water Resources Organization, dated 09.01.2026, would show that permission was accorded to a private individual to construct an overbridge for public usage. The application seeking such permission was sought for by private individuals to subserve public interest and the same was granted subject to certain conditions. The conditions imposed reveal that the brige to be constructed shall vests with the Public Works Department, Water Resources Organisation and it must be for the usage of public at large. Page Nos.2/4
2. When the permission is accorded by the people in that locality and a private individual has come forward to construct the bridge for public good, it is unnecessary for the petitioner to file the present writ petition on certain filmsy grounds.
3. The learned counsel for the petitioner would submit that there is a possibility of causing obstruction to the free flow of water.
4. The learned Additional Government Pleader, would oppose the same by stating that a study was made and appropriate permission was granted by following procedure.
5. Since the petitioner has not established even a sembelance of any legal right, the present writ petition is not maintainable and the same stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
(S.M.S.,J.) (K.S.,J.) 03-03-2026 Index : Yes Speaking / Non-speaking mk Page Nos.3/4
S. M. SUBRAMANIAM, J., and K. SURENDER, J., mk To 1.
The District Collector Salem District.
2.
The Revenue Divisional officer Attur, Salem District.
3.
The Tahsildar Attur Taluk, Salem District.
4.
The Assistant Engineer Public Works Department Water Resources Organization Salem District.
03.03.2026 Page Nos.4/4