Periyasamy K v. Divisional Engineer (Highways)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN K.Periyasamy ... Petitioner /Vs./

1. Divisional Engineer (Highways), High Ways Divisional Engineer Office, Trichy Road, Dindigul Town, Dindigul District.

2. Asst. Divisional Engineer (High Ways), High Ways Engineer Office, Sub Collector Road, Dindigul Town, Dindigul District.

3. Asst. Engineer (High Ways), High Ways Engineer Office, Sub Collector Road, Dindigul Town, Dindigul District.

4. K.Kannayan @ Palanichamy ... Respondents (R4 is impleaded vide order of this Court dated 22.01.2025 in WMP(MD)No.3193 of 2022.) 1/6

P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for records pertaining to the order of 2nd respondent in Ku.No.110/2021/KiNiVa dated 27.12.2021 and quash the same as illegal and consequently direct the respondents to accord permission to the petition to continue the usage of PVC water pipe line for taking water from SF.No. 314/2B to land at SF.No.317/37B Vie versa situated at Silvarpatty Village, Dindigul District West Taluk, Dindigul District laid under the thar Road running between Rediyaar Chatiram to Silvarpatty by considering the petitioner's representation dated 21.01.2022.

For Petitioner : Mr.A.Arul Jenifer For Respondents : Mr.S.Shanmughavel Additional Government Pleader

ORDER

This writ petition is filed challenging the order passed by the second respondent dated 27.12.2021, thereby directed the petitioner to remove the pipeline, which was laid across the road for taking water from SF.No. 314/2B to land at SF.No.317/37B Vie versa situated at Silvarpatty Village, Dindigul District West Taluk, Dindigul District. 2/6

2. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The petitioner owned the land comprised in SF.No. 314 and 317 situated at Silvarpatty Village, Dindigul District West Taluk, Dindigul District. Originally, the property belonged to the petitioner's grandfather. While being so, there was acquisition inbetween both the lands to lay a road by the Highways. Accordingly, they had laid the road. Even before laying the road, there was a water channel to irrigate the land comprised in S.No.317 from S.No.314. It got damaged and as such, the petitioner renovated the water channel by using PVC pipe. However, it was objected by the one of the co-sharers namely 4th respondent herein. Therefore, the petitioner also filed a suit in OS No.436 of 2018 on the file of the District Munsif Court, Dindigul.

Subsequently, the suit was disposed of in view of the compromise entered into between the petitioner and the fourth respondent herein. However, on the complaint lodged by the 4th respondent, the second respondent inspected and found that the petitioner laid the pipeline without obtaining any permission from the concerned authority and damaged the road.

4. The learned counsel appearing for the petitioner produced the photographs and submitted that after laying the pipeline, the road has been laid and there is no damage in the road.

5. However, this Court, at the time of admitting this writ petition, directed the petitioner to approach the local body as well as the revenue department to regularize laying of pipeline. In view of the above, the petitioner is directed to approach the authority concerned to regularise the pipeline laid by connecting both lands in SF.No. 314/2B and SF.No. 317/37B situated at Silvarpatty Village, Dindigul District West Taluk, Dindigul District, across the road within a period of eight weeks from the date of receipt of a copy of this order, failing which the respondents are directed to take appropriate action against the petitioner in the manner known to law.

6. This writ petition is disposed of accordingly. No costs. 22.01.2025 Index : Yes / No (2/2) NCC : Yes / No Sm 4/6

TO:-

1. Divisional Engineer (Highways), High Ways Divisional Engineer Office, Trichy Road, Dindigul Town, Dindigul District.

2. Asst. Divisional Engineer (High Ways), High Ways Engineer Office, Sub Collector Road, Dindigul Town, Dindigul District.

3. Asst. Engineer (High Ways), High Ways Engineer Office, Sub Collector Road, Dindigul Town, Dindigul District.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

22.01.2025 6/6