Kanagaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI Kanagaraj ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Sub Collector, Padmanabhapuram, Thucklai, 3.The Tahsildar, Killiyoor Taluk, Tholaiyavattam Post, 4.The Block Development Officer, Killiyoor Block, Tholaiyavattam Post, 5.The Regional Block Development Officer, (Thipiramalai, Mullankinavilai Panchayat), 1/6

Killiyoor, Tholaiyavattam, 6.The Village Administrative Officer, Paloor Village, Killiyoor, Tholaiyavattam, 7.The President, Thipiramalai Village Panchayat, Karunkal Post, 8.Krishna Kumar 9.Raja Kumar 10.Venu Kumar 11.Kokila ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 7 to consider the petitioner's representation dated 18.01.2023 and to take appropriate action against the respondents 8 to 11 and restore the irrigation water drain canal in Survey Nos.307/8, 9, 10, 14 and 15 and to save of Paloor Village, Thipiramalai Panchayat, Killiyoor Taluk, Kanyakumari District.

For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R6.

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ORDER

After hearing the learned counsel for the writ petitioner and the learned Special Government Pleader for the official respondents, we are more than satisfied that the issue involves a private dispute between the petitioner on the one hand and the respondents 8 to 11 on the other. The petitioner would claim that the respondents 8 to 11 are obstructing the normal flow of water / water course. The learned Special Government Pleader on the other hand would state that the construction put up by the respondents is on their own patta lands. If the private respondents are obstructing the usual flow of water, in the absence of revenue record to justify the petitioner's case, we are of the view that the petitioner has to move only the jurisdictional Civil Court for appropriate relief. 2.Granting such liberty, the writ petition is dismissed. No costs. (G.R.S.J.,) & (B.P.J.,) 04.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Sub Collector, Padmanabhapuram, Thucklai, 3.The Tahsildar, Killiyoor Taluk, Tholaiyavattam Post, 4.The Block Development Officer, Killiyoor Block, Tholaiyavattam Post, 5.The Regional Block Development Officer, (Thipiramalai, Mullankinavilai Panchayat), Killiyoor, Tholaiyavattam, 6.The Village Administrative Officer, Paloor Village, Killiyoor, Tholaiyavattam, 4/6

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

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