Madras High CourtWP/6918/2015disposed of

M.Janardhanan v. The District Collector

2015-03-12Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.6918/2015 M.Janardhanan ..

Petitioner

Versus

1. The District Collector Kancheepuram District Kancheepuram.

2. The Revenue Divisional Officer Chengalpattu.

3. The Tahsildar Thiruporur Taluk Thiruporur.

4. The Deputy Director DTCP, Varadarajanar Street Chengalpattu, Kancheepuram District.

5. The President Illalur Panchayat, Illalur 603 110, Tiruporur Panchayat.

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 3 to inspect the water channels in survey No.374/1, Illalur Village, which connect the water bodies in Survey Nos.370, 377 and 384 [Kadaleri], Illalur village, Tiruporur Panchayat, Kancheepuram District and restore the same to its original position by removing the levelling made therein to create approach roads and further steps to prevent such closing water channels, affecting the village. For Petitioner :

Mr.V.Kuberan for M/s.Rank Associates For Respondents:

Mr.V.Jayaprakash Narayanan Special Government Pleader

ORDER

Heard Mr.V.Kuberan, learned counsel appearing for the petitioner; and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader accepting notice for the respondents and with their consent, the writ petition is disposed of at the admission stage itself.

2.The petitioner is seeking for a direction to the respondents 1 to 3 to inspect the water channels in survey No.374/1, Illalur Village, which connect the water bodies in Survey Nos.370, 377 and 384 [Kadaleri], Illalur village, Tiruporur Panchayat, Kancheepuram District and restore the same to its original position by removing the levelling made therein to create approach roads and further steps to prevent such closing water channels, affecting the village. 3.According to the petitioner, he is the permanent resident of Illalur village and also owns agricultural lands in the said village. The allegation is that the President of Illalur village is attempting to close all water channels which connect water bodies in S.Nos.370, 377 and 384 [Kadaleri] in Illalur Village, Kancheepuram District, for the purpose of laying the road.

4.The petitioner would state that if the water channels are levelled, then the agricultural land in that area would be grossly affected. In this regard, the petitioner had given representation on 29.12.2014. Since no action has been taken, the petitioner is before this Court.

5.In the light of the above submission, without going into the merits of the petitioner's claim, there wil be a direction to the 3rd respondent to inspect the concerned area and ascertain as to whether the allegation made by the petitioner is true and such inspection may be conducted after notice to the petitioner as well as to the 5th respondent. The 3rd respondent is directed to comply with the above direction within a period of two weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of with the above direction. No costs.

AP -s/d- Assistant Registrar(CS-II) Dt:12/3/2015 True Copy Sub-Assistant Registrar