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Madras High CourtWP/32810/2019disposed of

M.Manikandan v. The District Collector,

2023-12-15Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Manikandan : Petitioner Vs 1.The District Collector Tiruvannamalai District 2.The Revenue Divisional Officer Tiruvannamalai 606 601 3.The Tahsildar Tiruvannamalai Taluk Tiruvannamalai District 4.The Block Development Officer Thurinjapuram Panchayat Union Block Office, Thurinjapuram, Tiruvannamalai District 5.The Zonal Deputy Block Development Officer (B.P) Thurinjapuram Block Office Thurinjapuram Tiruvannamalai District : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents from any manner implementing the scheme of laying road across the lake and pond from Mutharasampoondi Solavaram to Kilpathurai (Single Layer WBM Road Rural Connectivity) under Magathma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) at Mutharasampoondi Village Thurinjapuram Block Tiruvannamalai District.

For the Petitioner :

No appearance For Respondents 1 to 3 :

Mrs.R.Anitha, Spl.G.P.

For Respondents 4 & 5 :

Mr.G.B.Rajesh

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner.

2. We have heard Mrs.R.Anitha, learned Special Government Pleader, appearing for respondents 1 to 3 and Mr.G.B.Rajesh, learned counsel appearing for respondents 4 and 5.

3. Directions are sought against the respondents from implementing the scheme of laying road across the lake and pond from Mutharasampoondi Solavaram to Kilpathurai under Magathma Gandhi National Rural Employment Guarantee Scheme (MGNREGS).

4. The fourth respondent has filed an affidavit stating that the road was laid in the year 2008 without disturbing the lake and the pond and the said road was relaid in the year 2018. It is for the benefit of the villagers. In between the lake and pond, pathway is situated. Lake and pond are intact. Road is situated

on the northern side of the foreshore of the tank. Hence, there is no disturbance to the free flow of water.

5. In light of the above, the writ petition stands disposed of. There will be no order as to costs. Consequently, WMP No.33236 of 2019 is closed. (S.V.G., CJ.) (D.B.C., J.) 15.12.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Tiruvannamalai District 2.The Revenue Divisional Officer Tiruvannamalai 606 601 3.The Tahsildar Tiruvannamalai Taluk Tiruvannamalai District 4.The Block Development Officer Thurinjapuram Panchayat Union Block Office, Thurinjapuram, Tiruvannamalai District 5.The Zonal Deputy Block Development Officer (B.P) Thurinjapuram Block Office Thurinjapuram Tiruvannamalai District

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 15.12.2023