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Madras High CourtWP/28385/2019dismissed

D. Pitchaipillai v. The District Collector

2024-04-04Honourable Mr Justice N. Sathish Kumar5 pages

1/5

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 04-04-2024

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.28385 of 2019 D.Pitchaipillai ...

Petitioner -vs1.The District Collector, Perambalur, 2.Deputy Inspector General of Police, Trichy Range, Trichy.

3.Revenue Divisional Officer, Perambalur, 4.Tahsildar, Alathur Circle, 5.The Revenue Inspector, Chettikulam, Alathur Circle, 6.Ragupathi 7.Ramachandran ...

Respondents

2/5 Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the fourth respondent to conduct a fair enquiry with regard to usage of the common well situated at Survey No.251/4, Padalur East Village, Perambalur District, based on the proceedings of the third respondent in Na.Ka.No.A2/2463/2019, dated 22.07.2019, and pass appropriate orders. For Petitioner : Mr.T.Dhanush for M/s.G.Bala and Daisy For Respondents 1 to 5 : Mr.A.Selvendran, Special Govt.Pleader.

For Respondents 6 & 7 : No appearance

ORDER

This Writ Petition has been filed seeking for a direction to the fourth respondent to conduct a fair enquiry with regard to usage of the common well situated at Survey No.251/4, Padalur East Village, Perambalur District, based on the proceedings of the third respondent in Na.Ka.No.A2/2463/2019, dated 22.07.2019, and pass appropriate orders.

2. Mr.A.Selvendaran, learned Special Government Pleader, appearing for the official respondents, has submitted that proceedings have been initiated by the Revenue Divisional Officer and orders passed, directing the parties to approach the Civil

3/5 Court for redressal of their grievance.

3. In such view of the matter, it is for the parties to establish their right regarding usage of water in the common well in the manner known to law by way of a civil suit and not by seeking a direction against the revenue officials under Article 226 of the Constitution of India.

4. Writ Petition is dismissed accordingly. No costs. 04-04-2024 Index : Yes/No Internet : Yes/No dixit To 1.The District Collector, Perambalur, 2.Deputy Inspector General of Police, Trichy Range, Trichy.

3.Revenue Divisional Officer, Perambalur,

4/5 4.Tahsildar, Alathur Circle, 5.The Revenue Inspector, Chettikulam, Alathur Circle, N.SATHISH KUMAR, J.

5/5 dixit W.P.No.28385 of 2019 04-04-2024