R.Manikandan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Manikandan .. Petitioner

Versus

1. The District Collector, Office of the Collectorate, Cuddalore,

2. The District Revenue Officer, Office of the Collectorate, Cuddalore,

3. The Project Director, Office of the Collectorate, Cuddalore,

4. The Revenue Divisional Officer, Revenue Divisional Office, Cuddalore, Cuddalore District.

5. The Tahsildar, Taluk Office, 1/6

Panruti, Cuddalore District.

6. The Block Development Officer, Block Development Office, Panruti, Cuddalore District.

7. The Village Administrative Officer, Village Administrative Office, Manappakkam village, Panruti Taluk, .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the 5th and 6th respondents to restore the Field Channel cum Field Drainage (water-course) situated at Manappakkam village bearing S.Nos.134/, 134/2 and 89/6 in its existing position and to formulate the road only on the existing Cart Track S.No.134/3.

For Petitioner : Mr.M.Jothi Kumar For Respondents : Mr.T.K.Saravanan, Government Advocate

ORDER

(Order of the Court is made by the Hon'ble Chief Justice) Heard Mr.M.Jothi Kumar, learned Counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for the respondents. 2/6

2. The dispute is about S.Nos.134/1, 134/2 and 134/3 of Manappakkam village, being Vaikkal land or otherwise.

3. It appears that as per the report of the Revenue Divisional Officer, Cuddalore, a portion of land in S.Nos.134/1, 134/2 is used as Cart track. He further states that he would direct the sixth respondent to immediately remove the Cart track in S.Nos.134/1, 134/2 and 134/3 and maintain the same as water body.

4. According to the petitioner, the said Cart track is not removed and is in existence as it is.

5. In case, the Cart track exists in S.Nos.134/1, 134/2 and 134/3, then, steps shall be taken immediately to restore the same as Vaikkal land. The said steps be undertaken preferably within four months.

6. This Writ Petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.19048 of 2021 is closed. 3/6

(S.V.G., CJ.) (D.B.C., J.) 01.02.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The District Collector, Office of the Collectorate, Cuddalore,

2. The District Revenue Officer, Office of the Collectorate, Cuddalore,

3. The Project Director, Office of the Collectorate, Cuddalore,

4. The Revenue Divisional Officer, Revenue Divisional Office, Cuddalore, Cuddalore District.

5. The Tahsildar, Taluk Office, Panruti, Cuddalore District.

6. The Block Development Officer, Block Development Office, Panruti, Cuddalore District.

7. The Village Administrative Officer, 4/6

Village Administrative Office, Manappakkam village, Panruti Taluk, 5/6

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

grs 01.02.2024 6/6