Padmini v. The District Colector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI CMP(MD) No.1959 of 2021 Padmini :Appellant Vs.
1.The District Collector, Thanjavur District, Thanjavur.
2.The Planning Officer, Office of the District Collector, Thanjavur District, Thanjavur.
3.The Tahsildar, Orathanadu Taluk Thanjavur District.
4.The Assistant Executive Engineer, Public Works department (Buildings) Pattukottai, Thanjavur District.
5.The Block Development Officer, Office of the BDO Thiruvonam Thanjavur District.
6.K.Bhaskar : Respondents PRAYER: Appeal filed under Clause 15 of the Letters Patent against the order of this Court in W.P.(MD) No.7433/2020 dated 25.01.2021. Prayer in WP(MD). 7433/ 2020 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus or any other writ, order or a direction in the nature of Writ forbearing the respondents from putting up a bus shelter or any construction upon Survey No.150, Kizhamangalam (Village Number
115) which stands classified as a water channel vested with the Public Works Department.
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For Appellant : Mr.G.Thiruvarutselvan For Respondents : Mr.K.P.Krishnadoss for R1 to R5 Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.) The appellant is the petitioner before the learned single Judge. He filed a writ of Mandamus forbearing the respondents from putting up a bus shelter on the ground that the area is earmarked as a water body.
2. The learned Judge, after holding that the construction was in a water body, permitted the construction to go on, since substantial work has already been done and no more construction would be made over the same. The learned Judge also recorded the fact that access to the petitioner's Tea Stall would not be affected.
3. The learned counsel for the appellant submitted that the land in question being a water body, the order of the learned single Judge requires to be interfered with.
4. We do not find any reason to interfere with the order of the learned Single Judge. Admittedly, substantial work has already been completed. It is not as if the entire area is converted into a bus shelter. The access to the petitioner's Tea stall is also assured. The petitioner's real interest is not to protect the water body, but to safeguard the access. Her interest is only to run the Tea Stall. The construction is only for a bus shelter. Thus, looking from any perspective, we do not find any merit in this writ appeal. Accordingly, the writ appeal stands dismissed. No costs.
Consequently connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 2/3
To 1.The District Collector, Thanjavur District, Thanjavur.
2.The Planning Officer, Office of the District Collector, Thanjavur District, Thanjavur.
3.The Tahsildar, Orathanadu Taluk Thanjavur District.
4.The Assistant Executive Engineer, Public Works department (Buildings) Pattukottai, Thanjavur District.
5.The Block Development Officer, Office of the BDO Thiruvonam Thanjavur District.
Order made in W.A.(MD)No.464 of 2021 01.03.2021 KM (08.03.2021) 3P 6C 3/3