J. Jaculine Mary v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI J. Jaculine Mary ... Petitioner Vs.

1. The District Collector, Dindigul District.

Dindigul.

2. The Tahsildar,, Authoor Taluk, Authoor, Dindigul District.

3. The Block Development Officer (Village Panchayats), Authoor Panchayat Union, Sempatti Dindigul District.

4. The Panchayat Secretary,, Pithalaipatti Village Panchayat, Pithalaipatti, Authoor Taluk, Dindigul District.

... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the Respondent No.4 herein not to obstruct the petitioner from laying the underground Pipeline for Agricultural purpose between my two parcels of land in Survey No.24/2B and Survey No. 28/1 at Pithalaipatti Village, Authoor Taluk, Dindigul District to a length of 60 meters along with and cutting across Bai Thottam village Road compromised in Survey No.24/2B of the said village as per the permission granted by the 3rd respondent vide his proceedings in Na.Ka.No.355/24/B3 dated 20.12.2024. For Petitioner : Mr. J. Lawrance For R-1 and R-2 : Mr.S.Kameswaran Government Advocate For R-3 & R-4 : Mr.M.Muthumanickam Government Advocate

ORDER

Mr.S.Kameswaran, learned Government Advocate takes notice for the first and second respondents and Mr.M.Muthumanickam, learned Government Advocate takes notice for the third and fourth respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

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2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, to direct the Respondent No.4 herein not to obstruct the petitioner from laying the underground Pipeline for Agricultural purpose between my two parcels of land in Survey No.24/2B and Survey No.28/1 at Pithalaipatti Village, Authoor Taluk, Dindigul District to a length of 60 meters along with and cutting across Bai Thottam village Road compromised in Survey No.24/2B of the said village as per the permission granted by the 3rd respondent vide his proceedings in Na.Ka.No.355/24/B3 dated 20.12.2024."

3. Heard the learned counsels on either sides and carefully perused the materials available on record.

4. When the matter came up for hearing, the learned Government Advocate appearing for the respondents 3 and 4, would submit that the third respondent would permit the petitioner to lay the pipeline in terms of the third respondent's proceedings dated 20.12.2024, provided that the petitioner lays the pipeline within his own patta land and in case of causing any damage to the public road affecting the said pipeline, the petitioner would take the full responsibility to restore the same.

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5. Responding to the said submission, the learned Counsel for the petitioner ensured that it will be taken care by the petitioner.

6. Recording the same, this Court hereby direct the fourth respondent to permit the petitioner to lay pipeline as required by him in terms of the proceedings of the third respondent dated 20.12.2024 and the petitioner is bound to restore if any public road is damaged.

7. Accordingly, this Writ Petition is disposed of. There shall be no order as to the costs.

29.01.2025 NCC : Yes / No Index : Yes / No jbr 4/6

TO:-

1. The District Collector, Dindigul District.

Dindigul.

2. The Tahsildar,, Authoor Taluk, Authoor, Dindigul District.

3. The Block Development Officer (Village Panchayats), Authoor Panchayat Union, Sempatti Dindigul District.

4. The Panchayat Secretary,, Pithalaipatti Village Panchayat, Pithalaipatti, Authoor Taluk, Dindigul District.

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L.VICTORIA GOWRI, J.

jbr Order made in Dated 29.01.2025 6/6