K.Manoharan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ K.Manoharan .. Petitioner vs 1.The District Collector, Tiruppur District, Tiruppur.

2.The Block Development Officer, Kundadam Panchayat Union, Kundadam, Dharapuram Taluk, Tiruppur District.

3.The President, Sengodampalayam Village Panchayat, Sengodampalayam post, Uthiyur Via, Kangayam Taluk - 638 703, Tiruppur District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to proceed further for construction of overhead tank in S.No.458, Uthiyur Village, Sengodampalayam Panchayat, Kangayam Taluk, Tiruppur District.

For the Petitioner : Mr.C.Prakasam For the Respondents : Mr.Karthik Jagannath Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing the respondents to proceed further with the construction of overhead tank in S.No.458, Uthiyur Village, Sengodampalayam Panchayat, Kangayam Taluk, Tiruppur District.

2. Mr.Karthik Jagannath, learned Government Advocate, who accepts notice on behalf of the first respondent, on instructions, submits that the overhead tank is constructed in Survey No.458 only, for which, administrative sanction is also accorded by the District Collector. He would submit that earlier, for the construction of a overhead tank, foundation pit was dug near Muniappan temple which is also in Survey No.458. Since there were objections from the worshipers of the aforesaid temple, the overhead tank construction is

shifted 5 feet away in the same Survey No.458. Therefore, no further direction is required in this matter.

3. Learned counsel for the petitioner has not disputed the aforesaid submission made by learned Government Advocate.

4. Recording the submissions made by learned Government Advocate, the writ petition is closed. There shall be no order as to costs. Consequently, W.M.P.No.20734 of 2024 is closed. (R.M.D., ACJ.) (M.S.Q., J.) 09.07.2024 Index :

Yes/No NC :

Yes/No bbr

To:

1.The District Collector, Tiruppur District, Tiruppur.

2.The Block Development Officer, Kundadam Panchayat Union, Kundadam, Dharapuram Taluk, Tiruppur District.

3.The President, Sengodampalayam Village Panchayat, Sengodampalayam post, Uthiyur Via, Kangayam Taluk - 638 703, Tiruppur District.

THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

bbr 09.07.2024