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Madras High CourtWP/29348/2025disposed of

D.Sathiyaseelan v. The District Collector

2025-08-13Honourable Mrs.Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA D.Sathiyaseelan S/o.A.R.Duraisamy.

Petitioner(s) Vs

1. The District Collector, 1st Floor, Main Building, District Collectorate, Tiruchengode Road, Namakkal District, Tamil Nadu- 637 003.

2.The Revenue Divisional Officer Thillaipuram, Namakkal District, Tamil Nadu- 637 001.

3.The Tahsildar, Vip Nagar, Rasipuram, Tamil Nadu- 637 408.

4.The Revenue Inspector Vennandur, Namakkal District, 5.The Block Development Officer, Vennandur, Namakkal District,

6.The Special Officer Village Panchayat Office, Minnakkal, Namakkal District, Respondent(s) PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the 3 rd and 6 th respondents to conduct inspection as per the permission granted by the 3 rd respondent in Na.Ka.No.6216/ 2022/ B2 dated 31.07.2024 based on petitioner's representation dated 23.07.2025.

For Petitioner(s):

Mr.N.S.Suganthan For Respondent(s):

Mrs.C.Meera Arumugam, Additional Government Pleader For R1 To R4 Mrs.P.Rajarajeswari, Government Advocate For R5 & R6

ORDER

This writ petition is filed for a Writ of Mandamus, directing the third and sixth respondents, to conduct inspection as per the permission granted by the third respondent, in Na.Ka.No.6216/2022/B2, dated 31.07.2024, based on the petitioner's representation, dated 23.07.2025.

2.Mrs.C.Meera Arumugam, learned Additional Government Pleader takes notice for R1 to R4. Mrs.P.Rajarajeswari, learned Government Advocate takes notice for R5 & R6.

3.By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

4.The petitioner owns lands in S.No.193/2, and his father owns lands in S.No.271/3B4, at Minnakkal Village. In the petitioner's father's land there is a coconut garden but with no irrigation facility. The petitioner's father had to draw water from the petitioner's Well to irrigate his coconut garden. Therefore, the petitioner and his father, requested the third respondent for permission to lay PVC pipelines of 4 inches, through various public and private lands, for the purpose of irrigating the coconut garden. The third respondent granted permission vide Na.Ka.No.6216/2022/B2, dated 31.07.2024, on conditions laid therein.

5.According to the petitioner, the petitioner laid the pipelines in compliance with the conditions imposed by the third respondent in his permission order dated 31.07.2024. However, at the instigation of one P.Karthikeyan who filed a writ petition and obtained order dated 06.10.2023 in W.P.No.28834/2023, the sixth respondent, issued a notice on 25.06.2025, to the petitioner alleging violations of the conditions of permission and directing him to remove the pipelines. The petitioner replied to the said notice on 23.07.2025. Thereafter, there was no response from the respondents. Hence, the petitioner filed the present writ petition for the abovesaid relief. 6.The facts are undisputed. The sixth respondent issued a notice on 25.06.

2025, to the petitioner stating that due to the violation of the conditions stipulated in the permission order dated 31.07.2024, the petitioner should remove the pipelines. The petitioner submitted his reply on 23.07.2025, but the same was not considered. It appears that the sixth respondent even without conducting an inspection issued the notice dated 25.06.2025, directing the petitioner to remove the pipelines.

learned counsel for the petitioner, without conducting the inspection and without recording the specific violations, the sixth respondent ought not to have directed the petitioner to remove the pipelines. I am therefore of the considered view that the third and sixth respondents should be directed to conduct an inspection to ascertain whether there is any violation of the conditions of permission granted on 31.07.2024, and thereafter, consider the petitioner's representation dated 23.07.2025, and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

sli 13-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

N.MALA J.

sli To

1. The District Collector, 1st Floor, Main Building, District Collectorate, Tiruchengode Road, Namakkal District, Tamil Nadu- 637 003.

2.The Revenue Divisional Officer Thillaipuram, Namakkal District, Tamil Nadu- 637 001.

3.The Tahsildar, Vip Nagar, Rasipuram, Tamil Nadu- 637 408.

4.The Revenue Inspector Vennandur, Namakkal District, 5.The Block Development Officer, Vennandur, Namakkal District, 6.The Special Officer Village Panchayat Office, Minnakkal, Namakkal District, Tamil Nadu - 637 505.

13-08-2025