S.Rajagopal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.729 of 2024 S.Rajagopal ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer (DRO), Pudukottai, 3.The Revenue Divisional Officer, Pudukottai, 4.The Tahsildar, Revenue Department, Kandarva Kottai Taluk, 5.The Block Development Officer, Kandarvakottai and Taluk, Pudukottai District.

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6.The President, Punalkulam Panchayat, Kandarvakottai Taluk, 7.The Executive Officer, Punalkulam Panchayat, Kandarvakottai Taluk, 8.The Village Administrative Officer, Punalkulam Panchayat, Kandarvakottai, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 5 to 8 herein to restore the water channel situated in Survey No.52, 53 and 54 etc. Punal Kulam Panchayat, Kandarva Kottai Taluk, Pudukottai District to its original position and further direct the respondents 1 to 4 herein to monitor the above restoration work in the interest of petitioner and entire village people within the time limit stipulated by this Court.

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For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R4.

Mr.S.RA.Ramachandran, Addl. Government Pleader for R5 & R6.

ORDER

Heard the learned counsel for the petitioner, the learned Special Government Pleader for the respondents 1 to 4 and the learned Additional Government Pleader for the respondents 5 and 6. 2.The apprehension of the writ petitioner is that the petition mentioned Oothu kulam may be destroyed or damaged and a road may be laid across it.

3.When the matter was taken up for hearing, the learned Additional Government Pleader on instructions from the President of the local body and other officials submitted that only dredging works are being carried out and that the character of the water body will be maintained intact. 3/6

4.Recording the said stand, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.J.,) & (B.P.J.,) 29.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, 2.The District Revenue Officer (DRO), Pudukottai, 3.The Revenue Divisional Officer, Pudukottai, 4.The Tahsildar, Revenue Department, Kandarva Kottai Taluk, 5.The Block Development Officer, Kandarvakottai and Taluk, Pudukottai District.

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6.The President, Punalkulam Panchayat, Kandarvakottai Taluk, 7.The Executive Officer, Punalkulam Panchayat, Kandarvakottai Taluk, 8.The Village Administrative Officer, Punalkulam Panchayat, Kandarvakottai, 5/6

G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 29.02.2024 6/6