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Madras High CourtWP(MD)/7629/2020disposed of

Ganesan v. The District Collector

2020-07-21Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.7629 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.07.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.7629 of 2020 Ganesan

...Petitioner

Vs 1.The District Collector, Thanjavur, Thanjavur District.

2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

3.The Tahsildar, Peravuruni Taluk, Thanjavur District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to obliterate the newly formed water channel having width of 11⁄2 feet from the eastern side of petitioner's own patta land in survey No. 90/2 situated at Solaikkadu, Thiruvendhen Post, Peravuruni Taluk, Thanjavur District based on the petitioner's representation dated 04.05.2020 and 26.06.2020.

For Petitioner : Mr.A.Vadivel For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

This Writ Petition is filed to direct the respondents to obliterate the newly formed water channel having width of 11⁄2 feet from the eastern side of the petitioner's own patta land in S.No.90/2 situated at Solaikkadu, Thiruvendhen Post, Peravuruni Taluk, Thanjavur District.

2.It is the case of the petitioner that without issuing any prior notice to the petitioner, a water channel was newly formed by the respondents in the petitioner's land in S.No.90/2 situated at Solaikkadu, Thiruvendhen Post, Peravuruni Taluk, Thanjavur District. Hence, the petitioner had submitted a representation dated 04.05.2020 to the respondents to obliterate the aforesaid water channel from his land. But, on such representation, no action has been taken. Hence, the petitioner is before this Court for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.7629 of 2020 relief stated supra.

3.The learned Government Advocate appearing for the respondents would submit that as per the revenue records, the property in S.No.90/2 situated at Solaikkadu, Thiruvendhen Post, Peravuruni Taluk, Thanjavur District, does not stand in the name of the petitioner.

However, the petitioner's representation dated 04.05.2020 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 4.In view of the submission made by the learned Government Advocate, without expressing any opinion on the merits of the case, this Court directs the 3rd respondent to consider the petitioner's representation dated 04.05.2020 on merits and in accordance with law and pass appropriate orders, within a period of 12 weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring 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, Thanjavur, Thanjavur District.

2.The Revenue Divisional Officer, Pattukottai, Thanjavur District.

3.The Tahsildar, Peravuruni Taluk, Thanjavur District.

W.P.(MD) No.7629 of 2020 21.07.2020 KK(28.07.2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2