Thaduthalankottai Tank Water v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and M.P(MD)Nos.1 & 2 of 2013 Thaduthalankottai Tank Water Users Association, Thaduthalankottai Village, Paramakudi Taluk, Ramanathapuram District - 623 608.

Rep. by its President, K.Jeganathan, S/o. Kathamuthu ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer,

3.The Executive Engineer, Public Works Department, WRO, Keezha Vaigai Irrigation Division, 4.A. Kalimuthu 5.M. Govindaraj ... Respondents (Respondents 4 & 5 For Themselves and Representing the Villagers of T.Nedukulam Village, Paramakudi Taluk, Ramanad District.) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondents to restore the Thaduthalankottai tank in Ramnad District to its original position by implementing the direction of the second respondent by its communication Na.Ka.A1/5803/2012 dated 31.07.2012 and in consideration of the Petitioner's representation dated 25.10.2012. For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.S.P.Maharajan - for R1 to R3 Special Government Pleader Mr.K.Govindarajan - for R5

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.G.Prabhu Rajadurai, learned counsel for the petitioner, Mr.S.P.Maharajan, learned Special Government Pleader appearing for respondents 1 to 3 and Mr.K.Govindarajan, learned counsel appearing for the fifth respondent.

2. The learned counsel for the petitioner submits that directions were given to the second respondent to restore the Thaduthalankottai tank in Ramnad District to its original position. However, the same has not been done.

3. The learned Special Government Pleader, on instructions of the Village Administrative Officer, submits that as on date, there is no encroachment. The other channel has not been created.

4. Be that as it may, the tank in question is for the benefit of the villagers. In case, some obstruction exists, then the authorities shall take appropriate steps in that regard.

5. Writ Petition stands disposed of.

No costs.

Consequently, connected miscellaneous petitions are closed. [S.V.G., C.J.] [L.V.G., J.] 30.11.2023 Index : Yes / No RM

To 1.The District Collector, 2.The Revenue Divisional Officer, 3.The Executive Engineer, Public Works Department, WRO, Keezha Vaigai Irrigation Division,

THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI , J.

RM 30.11.2023