Subramaniyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA

1. SUBRAMANIYAN S/o Iyyayaram East Street, Vayalur Colony Cuddalore District 606 001 Petitioner(s) Vs

1. The District Collector Collector Office, Cuddalore District 2.The District Revenue Officer Collecor Office, Cuddalore District 3.The Revneue Divisional Officer Revenue Divisional Office Vridhachalam Cuddalore District 4.The Commissioner Vriddhachalam Municipality, Vriddhachalam Cuddalore District 5.The Chairman Vriddhachaam Municipality Vriddhachalam, Cuddalore District

6.The Ward Councilor, 1st Ward, Vayalur, Vridhachalam Taluk, Cuddalore District 606 001 Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus forbearing the 4th to 6th respondents from levelling or damaged the water channel for constricting New public Toilet, in Ward -A, Block 20, Ts No 11, Old survey No 196/B, situated at Vayalur Colony, Vayalur, Vridhachalam Taluk, Cuddalore district and do not disturb the petitioner peaceful possession of his patta land in Ward A, block No 21 Ol survey No 195, Ts. No 70 by considering the petitioner representation dated 08.05.2025 and consequently direct the 1st to 3rd respondents to restore the water channel and maintain the same.

For Petitioner(s):

Mr.T.Meganathan For Respondents:

Mrs.C.Meera Arumugam, AGP for RR 1 to 3 Mr.P,Srinivas, Standing counsel for RR 4 & 5

ORDER

Mrs.C.Meera Arumugam, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 3. Mr.P.Srinivas, learned Standing counsel accepts notice on behalf of the respondents 4 and 5. With the consent of the learned counsels on either side, the main writ petition itself is taken up for

final disposal. Notice to the 6 th respondent is dispensed with since no adverse order is passed against the 6 th respondent.

2.The writ petition is filed for a mandamus forbearing the respondents 4 to 6 from levelling or damaging the water channel for constructing a new public toilet in Ward - A, Block No.20, TS.No.11, Old S.No.196/B at Vayalur Colony, Vayalur, Vridhachalam Taluk, Cuddalore District, by considering the petitioner's representation dated 08.05.2025 and consequently, directing the respondents 1 to 3 to restore the water channel and maintain the same. 3.The petitioner jointly owned properties in Ward-A, Block No.21, Old S.No.195, TS.No.70, to an extent of 4 cents at Vayalur Colony, Vayalur, Vridhachalam Taluk, Cuddalore District. The petitioner states that the respondents 4 to 6 decided to construct a public toilet in the water channel in Ward-A Block No.20 TS No.11, Old S.No.

196/B at Vayalur Colony, Vayalur, Vridhachalam Taluk, Cuddalore District. As the respondents 4 to 6 were trying to construct the public toilet in the aforesaid survey number in the water channel, the petitioner submitted a representation to the 3 rd respondent on 08.05.

toilet in the water channel. However, the 3 rd respondent did not initiate any action on the petitioner's representation and therefore, the petitioner has filed the above writ petition for the aforesaid relief. 4.The learned counsel for the petitioner specifically submitted that the public toilet was being constructed in TS.No.11 which is classified as ''Odai''. However, the learned Standing counsel appearing for the respondents 4 and 5 on instructions, submitted that the public toilet was constructed in TS.No.71, which was classified as ''sarkar poramboke tharisu''. Learned Standing counsel further submitted that the petitioner had earlier encroached upon the said survey number and therefore, with the help of the local police, the encroachment was removed.

The learned Standing counsel submitted that the toilet was being constructed under the SBM 2.0 scheme. Learned Standing counsel submitted that that the writ petition was misconceived as the public toilet was not constructed on water body in TS.No.11, but in TS.No.71, classified as ''Sarkar Poramboke Tharisu''. The respodents have produced a copy of the Vridhachalam Town Field Register. The Vridhachalam Town Field Register reveals that S.No.71, is classified as ''Sarkar Poramboke Tharisu''.

rightly contended by the learned Standing counsel appearing for the respondents 4 and 5, the writ petition is filed on a misconception that the toilet was being constructed on a water body.

6.In view of the aforesaid facts, I do not find any merit in the writ petition. Accordingly, the writ petition is dismissed. No costs. 12-08-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Collector Office, Cuddalore District 2.The District Revenue Officer Collecor Office, Cuddalore District 3.The Revneue Divisional Officer Revenue Divisional Office Vridhachalam Cuddalore District 4.The Commissioner Vriddhachalam Municipality, Vriddhachalam Cuddalore District 5.The Chairman Vriddhachaam Municipality Vriddhachalam, Cuddalore District 6.The Ward Councilor, 1st Ward, Vayalur, Vridhachalam Taluk, Cuddalore District 606 001

N.MALA J.

AP 12-08-2025