S.Murugesh, S/O.Sudalaiyandi v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.2 of 2013 1.S.Murugesh 2.Ramesh 3.Pothiraj 4.Mahesh 5.Ashok ... Petitioners Vs.

1.The Executive Engineer, Tamil Nadu Water and Drainage Board, RWS Division, Virudhunagar.

2.The Assistant Executive Engineer, TWAD Board Project Sub Division, Palayamkottai, Tirunelveli District.

3.M/s.IVRCL Infractructure & Projects Limited, SAL Suthuir Infractructure Ltd., S.R.Naidu Colony, Sattur, Virudhunagar District.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to remove all the pipes already installed and to restore the petitioners land S.F.Nos.346/1B1/, 348/1, 349/1A2, 349/1B2, 349/2A, 349/2B2, 352/2A3, 352/2B and 353/1A situated at Chittarchathiram Village, Gangaikondan Circle, Tirunelveli Taluk, Tirunelveli District in its original shape.

For Petitioner : Mr.V.Meenakshi Sundaram for Mr.D.Nallathambi For R1 & R2 : Mr.R.Satheesh Standing Counsel For R3 : No Appearance

ORDER

The present writ petition has been filed seeking a writ of Mandamus, directing the respondents to remove the pipelines already installed in certain survey numbers of the petitioners' land and restore the land to its original position.

2. A counter has been filed by the respondents 1 and 2 stating that by mistake, the said pipelines have been laid in the patta land belonging to the writ petitioners and they have given instructions to the third respondent to remove the same.

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3. On instructions, the learned counsel for the respondents 1 and 2 now submits that the pipelines have already removed and no further orders are required in the writ petition. The said fact is recorded.

4. In case, if the respondents 1 and 2 would like to lay any pipelines in the lands belonging to the writ petitioners, they shall not do the same without following due process of law.

5. The learned counsel for the petitioners submits that in view of laying of the pipelines, the petitionesr have suffered a huge damage to the agricultural land. If the petitioners feel so, they are at liberty to approach the competent Civil Court for redressal of their grievances.

6. With the above said observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

04.08.2022 Index :

Yes / No Internet :

Yes / No gbg 3/5

To 1.The Executive Engineer, Tamil Nadu Water and Drainage Board, RWS Division, Virudhunagar.

2.The Assistant Executive Engineer, TWAD Board Project Sub Division, Palayamkottai, Tirunelveli District.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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