K.Vijayan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.11061 of 2021 and W.M.P.No.11702 of 2021 K.Vijayan ... Petitioner Vs.
1.The District Collector, Coimbatore District, Collectorate, 2.The Tahsildar, Coimbatore North, Office of Tahsildar, 3.The President, Asokapuram Village Panchayat, K.Vada Madurai, 4.The Village Administrative Officer, Kurudampalayam Village, K.Vada Madurai, Coimbatore - 17.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying Page No.1 of 6
for issuance of Writ of Mandamus forbearing the respondents from in any manner diverting or letting in drainage/sewage water through the water canal passing through the patta lands of the petitioner in Survey No.212/2 at Kurudampalayam Revenue Village, Coimbatore North, Coimbatore District. For Petitioner : Mr.A.Mohamed Ismail For Respondents : Mrs.R.L.Karthika, Government Advocate
O R D E R
The relief sought by the petitioner in this writ petition is to forbear the respondents from in any manner diverting or letting in drainage/sewage water through the water canal passing through the patta lands of the petitioner in Survey No.212/2 at Kurudampalayam Revenue Village, Coimbatore North, Coimbatore District.
2. When the matter was taken up for hearing, learned counsel for the petitioner submitted that the issue raised in this writ petition is no longer resintegra and the same is covered by the dictum laid down by this Court in Page No.2 of 6
W.P.No.16940 of 2021 dated 22.06.2023. For better appreciation, the relevant portion of the order is extracted hereunder: "2. This Court passed an interim order in W.P.No.8763 of 2021 on 21.04.2021, directing the Authorities to ensure that no further let in of drainage/sewage water through the petitioner's patta lands.
3. The learned counsel for the petitioner made a submission that pursuant to the interim order, let in of drainage/sewage water was stopped by the Competent Authorities.
4. Since the grievance of the petitioner has been redressed and the Authorities have not let in of drainage/sewage water through the petitioner's patta lands, no further consideration is required in respect of the grounds raised in the present writ petition.
5. Accordingly, the present writ petition stands closed. However, there shall be no orders as to costs. Consequently, the connected miscellaneous petition is also closed."
3. Learned Government Advocate appearing for the respondents has filed a written instruction dated 13.03.2025.
4. Heard the learned counsel on either side and perused the materials Page No.3 of 6
available on record.
5. In view of the order passed by this Court in W.P.No.16940 of 2021 dated 22.06.2023, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is also closed. 14.03.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The District Collector, Coimbatore District, Collectorate, 2.The Tahsildar, Coimbatore North, Office of Tahsildar, Page No.4 of 6
3.The President, Asokapuram Village Panchayat, K.Vada Madurai, 4.The Village Administrative Officer, Kurudampalayam Village, K.Vada Madurai, Coimbatore - 17.
J.SATHYA NARAYANA PRASAD,J.
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