Arunkumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.37615 of 2024 Arun Kumar
...Petitioner
Vs.
1. The District Collector Coimbatore-641 018.
2. The Commissioner of Corporation Coimbatore Corporation
3. The Assistant Commisisioner South Zone, Coimbatore Corporation Coimbatore-641 018.
4. The Tahsildar Madukarai Taluk, Coimbatore.
5. The Commissioner of Police Coimbatore Corporation.
6. The Inspector of Police Podanur Police Station Coimbatore District ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to closing of 1/5
unused and dangerous well in Bharathi Nagar, Kovai district, based on the 3r respondent letter Naa.Ka.No.2924/2023/D1(S) dated 21.4.2023. For Petitioner : Mr.M.Ravi For respondents :M/s.V.Ramesh for R1 & R4 Government Advocate Mr.N.Umapathi for R2 & R3 Standing Counsel Mr.L.Baskaran for R5 & R6 Government Advocate (Crl.side)
O R D E R
By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.
2. The writ petition is filed seeking a direction to respondents to close the unused well situated in Bharathi Nagar, Coimbatore District based on 3rd respondent's letter dated 21.4.2023
3. It is seen from the proceedings of the 3rd respondent dated 04.04.2022 in Na.Ka.No.2138/2022/D3(South) that the Well in question is situated in 2/5
private property of the petitioner at Bharathi Nagar, Gandhiji Road, Podanur. It is for the petitioner to close the Well and it is not open to the petitioner to seek services of the official respondents for the closure of the Well.
4. The learned counsel for the petitioner submits that when he attempted to close the Well situated in his properties, the neighbors and public opposed the same as they used the Well for several years. However, there is no averment in the affidavit filed in support of this writ petition that there were opposition.
5. In the light of the said position, in case steps taken by the petitioner to close the Well available in his property was opposed by neighbors and public, it is open to the petitioner to approach the jurisdictional police station seeking necessary police help. If any such representation is made by the petitioner, the same shall be considered by the jurisdictional police station in accordance with law.
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6 With the above directions, the Writ Petition stands disposed of. No costs.
10.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To
1. The District Collector Coimbatore-641 018.
2. The Commissioner of Corporation Coimbatore Corporation
3. The Assistant Commisisioner South Zone, Coimbatore Corporation Coimbatore-641 018.
4. The Tahsildar Madukarai Taluk, Coimbatore.
5. The Commissioner of Police Coimbatore Corporation.
6. The Inspector of Police Podanur Police Station Coimbatore District S.SOUNTHAR , J.
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