Sudhakaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.10734 and 10736 of 2023 Sudhakaran ... Petitioner in W.P.10791/2023 Muthusamy ... Petitioner in W.P.10793/2023 Vs.

1.The District Collector, Namakkal District, District Collectorate, Tiruchengode Road, Namakkal.

2.Revenue Divisional Officer, Tiruchengode, Namakkal District.

3.The Tahsildar, Tiruchengode Taluk, Namakkal District.

4.Block Development Officer, Tiruchengode Panchayat Union, Tiruchengode, Namakkal District.

5.The President, Sirumolasi Panchayat, Sirumolasi, Tiruchengode Taluk, Namakkal District.

1/5

6.Sri Velan Neereatru Paasana Vivasaayigal Sangam Represented by its Secretary ... Respondents in both W.Ps.

Prayer in W.P.No.10791 of 2023:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from in any manner laying pipeline in the petitioner's patta land measuring an extent of 14.10 hectares comprised in S.Nos.3/1A situated at Vattaparapu Village, Sirumolasi Post, Tiruchengode Taluk, Namakkal District under the guise of laying sanctioned pipeline route as per G.O.(4Pa) No.45 dated 25.02.2021 issued through Public Works department (1) to take waste from Well situated in S.No.281/2B2, Molasi Village, Tiruchengode Taluk, Namakkal District without following due processes of law. Prayer in W.P.No.10793 of 2023:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from in any manner laying pipeline in the petitioner's joint patta land measuring an extent of 3-72.50.hectares comprised in S.No.13 situated at Vattaparapu Village, Sirumolasi Post, Tiruchengode Taluk, Namakkal District and 172.00 hectares of agriculture land comprised in S.No.67/2 situated at 2/5

Athipalayam Village, Sirumolasi Post, Tiruchengode Taluk, Namakkal District under the guise of laying sanctioned pipline route as per G.O. (4Pa) No.45 dated 25.02.2021 issued through Public Works department (1) to take waste from Well situated in S.No.281/2B2, Molasi Village, Tiruchengode Taluk, Namakkal District without following due processes of law.

For Petitioners : Ms.R.Poornima For Respondents : Mr.U.Baranidharan for R1 to R3 Additional Government Pleader Mr.N.Naveen Kumar for R4 Mr.K.Kishore for R5 C O M M O N O R D E R When the writ petitions were taken up for consideration, the learned counsel appearing for the petitioners made the following endorsement in the petitions:

'The writ petitioner may be given liberty to approach competent forum for remedy.'

2.In view of the endorsement made by the learned counsel appearing for the petitioners, these writ petitions stand disposed of with liberty to the petitioners to approach the competent Authority if 3/5

the private Sangam try to lay pipeline without obtaining the permission of the petitioners.

No costs. Consequently, the connected miscellaneous petitions are closed.

10.04.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The District Collector, Namakkal District, District Collectorate, Tiruchengode Road, Namakkal.

2.Revenue Divisional Officer, Tiruchengode, Namakkal District.

3.The Tahsildar, Tiruchengode Taluk, Namakkal District.

4.Block Development Officer, Tiruchengode Panchayat Union, Tiruchengode, Namakkal District.

5.The President, Sirumolasi Panchayat, Sirumolasi, Tiruchengode Taluk, Namakkal District.

4/5

M.DHANDAPANI,J.

pri W.P.Nos.10791 and 10793 of 2023 And W.M.P.Nos.10734 and 10736 of 2023 10.04.2023 5/5