R.Krishnamoorthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Krishnamoorthy ... Petitioner Vs.

1.The District Collector Erode District, Erode.

2.The Executive Engineer, Water Resources Organization, Lower Bhavani Basin Division, Erode-2. ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to issue necessary work order for construction of culvert across the canal situated in R.S.No.303/2 & 3, Anjur B-Village, Kodumudi Taluk, Erode District, at the cost of the petitioner by taking note of the second respondent order in Letter No.Va.3/Ko.107/2021 dated 18.08.2021.

For Petitioner :

Mr.C.Prakasam For Respondents : Mrs.S.Anitha Special Government Pleader

O R D E R

This Writ Petition has been filed to direct the respondents to issue necessary work order for construction of culvert across the canal situated in R.S.No.303/2 & 3, Anjur B-Village, Kodumudi Taluk, Erode District, at the cost of the petitioner by taking note of the order of the second respondent in Letter No.Va.3/Ko.107/2021 dated 18.08.2021.

2. In the counter affidavit filed by the respondents, it has been stated that permission was granted to the petitioner for construction of culvert in the aforesaid place and the relevant portion is extracted hereunder:- "3. It is humbly submitted that, the petitioner has applied for no-objection certificate to the District Collector, Erode, on 20.03.2021, the same application has been forwarded to Water Resources Department, (herein after WRD) Lower Bhavani Basin Division, Erode, vide e/f/8605-2021-m2-

ehs;/ 19/04/2021 by then the District Collector, Erode with instruction to make a site inspection and to offer the WRD's remarks and observation. Based on that, a site inspection has been carried at the proposed site of construction culvert/small bridge and considering the grievance and site condition. The WRD rendered a no-objection to the petitioner through the District Collector, Erode.

4. I state that the no-objection was issued with certain conditions such as;

I. Dimensions for the Culvert.

i.Bed width : 1.00 meters ii.Height of bridge/culvert : 3.00 meters iii.Width of bridge : 4.50 meters So that water flow in the canal may not hindered. II. After construction of culvert, by the petitioner, the bridge/culvert can be used by general public. III. After the construction, the petitioner could not claim as his property, since the canal and its land are the property of the Government. And few other conditions were also mentioned. (Copy enclosed for your kind perusal)."

3. Recording the above, this Writ Petition is disposed of. There shall be no order as to costs.

31.10.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The District Collector/District Nodal Officer, Thiruppur District, Thiruppur.

2.The President, Erisanampatti Village Panchayat, Udumalaipet Taluk, Thiruppur District-642 207.

M.DHANDAPANI, J.

ssb 31.10.2025