Madras High CourtWP(MD)/6824/2020dismissed

A.Rajendran v. The District Collector

2020-06-22Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD) No.6227 of 2020 A.Rajendran ... Petitioner -vs1.The District Collector Sivagangai Sivagangai District 2.The Block Development Officer-cum- Special Officer O/o.The Block Development Officer-Cum Special Officer Ilayankudi Panchayat Union Ilayankudi, Sivagangai District 3.The Tahsildhar Ilayankudi Taluk Sivagangai District 4.Ilayankudi Police Station Rep.by the Inspector of Police Ilayankudi Taluk Sivagangai District 5.The Assistant Engineer O/o.The Assistant Engineer (Rural Development and Panchayat Raj Department) Ilayankudi, Sivagangai District 6.The Road Inspector Ilayankudi Union Ilayankudi Union Office Ilayankudi, Sivagangai District 7.K.Chandrasekar ... Respondents 1/3

PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of writ of mandamus forbearing the respondents 1, 2, 5 & 6 from demolishing the Sirupalai Tank Bund in S.No.58, Sirupalai Village, Kottaiyur Post, Ilayankudi Taluk, Sivagangai District and laying road in S.No.58 and S.No.7/3A, 7/3B, 7/3C in Sirupalai Village, Kottaiyur Post, Ilayankudi Taluk, Sivagangai District, within the time stipulated by this Court. For Petitioner :

Mr.T.Lajapathi Roy For Respondents :

Mr.R.Sethuraman Special Government Pleader for R1, R3 to R6 Mr.P.Kannidhevan Additional Government Pleader for R2 Ms.Porkodi Karnan for R7

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] The prayer in the writ petition is for issuance of a writ of mandamus forbearing the respondents 1, 2, 5 & 6 from demolishing the Sirupalai Tank Bund in S.No.58, Sirupalai Village, Kottaiyur Post, Ilayankudi Taluk, Sivagangai District and laying road in S.No.58 and S.No.7/3A, 7/3B, 7/3C in Sirupalai Village, Kottaiyur Post, Ilayankudi Taluk, Sivagangai District, within the time stipulated by this Court.

2. When the matter was taken up for hearing, the learned Additional Government Pleader for the second respondent submitted that the road is being laid far away from the tank and as such, no disturbance is caused to the tank bunds.

3. Recording the same, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) Krk Note :

In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring 2/3

that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The District Collector, Sivagangai, Sivagangai District.

2.The Block Development Officer-cum- Special Officer, O/o.The Block Development Officer-Cum Special Officer, Ilayankudi Panchayat Union, Ilayankudi, Sivagangai District.

3.The Tahsildhar, Ilayankudi Taluk, Sivagangai District.

4.The Inspector of Police, Ilayankudi Police Station, Ilayankudi Taluk, Sivagangai District.

5.The Assistant Engineer, O/o.The Assistant Engineer, (Rural Development and Panchayat Raj Department), Ilayankudi, Sivagangai District.

6.The Road Inspector, Ilayankudi Union, Ilayankudi Union Office, Ilayankudi, Sivagangai District.

and W.M.P.(MD) No.6227 of 2020 22.06.2020 AP(30/06/2020) 3P 7C 3/3