← Library
Madras High CourtWP/20362/2014closed

K.Palaniyappan, v. The District Collector,

2022-09-30Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.No.1 of 2014 K.Palaniyappan ... Petitioner Vs.

1. The District Collector, Coimbatore District, Coimbatore.

2. The Block Development Officer, Sulur Panchayat Union, Sulur, Coimbatore District.

3. The President, Muthugoundenpudur Village Panchayat, Muthugoundenpudur, Sulur Taluk, Coimbatore District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the respondents from constructing culvert and laying the pathway in the petitioner's land situated in S.Nos.91/1B and 371/2A, Rasipalayam Village, Sulur Taluk, Coimbatore District without following the procedure of law. Page No. 1 of 4

For Petitioner : Mr.C.Prakasam For Respondents :

For R1 & R2 : Mr.G.Abishek Moorthy Government Advocate

ORDER

The learned Government Advocate for the first and the second respondent submits that no culvert is either proposed to be constructed over the petitioner's land or will be constructed.

2. It is submitted that the culvert have been constructed over the land which do not belong to the petitioner and therefore, the writ petition may be closed as infructuous.

3. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Government Advocate for the first and second respondents.

4. The writ petition prima facie is not maintainable as the petitioner ought to have filed a Civil Suit. Be that as it may, the learned Government Advocate for the first and the second respondent has clearly submitted that Page No. 2 of 4

there is no proposal for constructing a culvert over the petitioner's land.

5. Recording the same, the writ petition stands closed. However, liberty is given to the petitioner to file a suit for mandatory injunction, if already a culvert has been constructed over the petitioner's land. No costs. Consequently, connected miscellaneous petition is closed. 30.09.2022 Index : Yes/No Internet : Yes/No Speaking/Non-speaking Order rgm To

1. The District Collector, Coimbatore District, Coimbatore.

2. The Block Development Officer, Sulur Panchayat Union, Sulur, Coimbatore District.

Page No. 3 of 4

C.SARAVANAN, J.

rgm and W.M.P.No.1 of 2014 30.09.2022 Page No. 4 of 4