Al.Kanagambal, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR & C.M.P.(MD)Nos.2145 & 2146 of 2023 AL.Kanagambal ... Appellant / Writ Petitioner Vs 1.The District Collector, Sivagangai, 2.The Chief Engineer, Madurai Region, Water Resource Office, Tallakulam, Madurai-625 002.

3.The Superintending Engineer, Water Resource Department, Lower Vaigai Basin Circle, Sivagangai Collectorate, 4.The Executive Engineer, Water Resource Department, Manimutharu Basin Division, Devakottai-630 303.

... Respondents / Respondents 1/4

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order passed in W.P.(MD)No.8259 of 2022, dated 30.11.2022.

For Appellants : Mr.V.G.S.Murugan For Respondent : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. The question that calls for consideration is whether the appellant is entitled to draw water from Poyyalur Tank or Mandayampatti Kanmoi. The learned single Judge vide order dated 30.11.2022 in W.P.(MD)No. 8259 of 2022 had held that the petitioner has been drawing water only from Mandayampatti kanmoi. We are clearly of the view that these are issues that have to be resolved only before the jurisdictional civil Court after adducing evidence. We vacate the findings set out in the order of the learned single Judge. We relegate the appellant to go before the 2/4

jurisdictional civil Court. The proceedings impugned in the writ petition will abide by the outcome of the civil Suit. The learned counsel for the appellant states that the appellant will file a civil suit within a period of four weeks from the date of receipt of a copy of this order. As and when the plaint is filed, it shall be numbered without delay provided the papers are in order.

3. The Writ Appeal is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S., J.) (K.R.S., J.) 05.06.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The District Collector, Sivagangai, 2.The Chief Engineer, Madurai Region, Water Resource Office, Tallakulam, Madurai-625 002.

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G.R.SWAMINATHAN, J.

AND K.RAJASEKAR, J.

rmi 3.The Superintending Engineer, Water Resource Department, Lower Vaigai Basin Circle, Sivagangai Collectorate, 4.The Executive Engineer, Water Resource Department, Manimutharu Basin Division, Devakottai-630 303.

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