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Madras High CourtWP(MD)/8604/2020disposed of

Rajarajan v. The Chief Engineer

2025-11-24Honourable Ms. Justice P.T. Asha7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.7972 of 2019 Rajarajan .. Petitioner Vs.

1.The Chief Engineer, Public Works Department (Perennial Water Source), Trichy Region, Trichy.

2.Executive Engineer, Public Works Department (Perennial Water Source), Cauvery Irrigation Canal Lower Basin, Thanjavur.

3.The Director, Local Planning Authority, Thanjavur District, Thanjavur.

4.Block Development Officer, Kumbakonam Panchayat Union, Kumbakonam.

5.Assistant Executive Engineer, Cauvery Irrigation Canal Lower Basin, Kumbakonam.

6.The President, Ullur Panchayat, Kumbakonam Taluk, Thanjavur District.

7.Kishore Kumar .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents no. 1 to 6 to remove the Individual utility Bridge built across Kannipasana Vaikkal situated in S.F.No.82/4 in Ullur Village, Kumbakonam Taluk, Thanjavur District on the basis of the petitioner's representation dated 30-04-2020 within the time frame fixed by this Court. For Petitioner : Mr.S.Sankar For R1 - R6 : Mrs.S.Jeyapriya Government Advocate For R7 : Mr.M.Mahaboob Fazil for M/s.Lajapathy Roy Associates

ORDER

This writ petition has been filed for the following relief : "directing the respondents no. 1 to 6 to remove the Individual utility Bridge built across Kannipasana Vaikkal situated in S.F.No.82/4 in Ullur Village, Kumbakonam Taluk, Thanjavur

District on the basis of the petitioner's representation dated 30-04-2020."

2. The case of the petitioner is that on the southern side of his house, the Kannipasana Vaikkal is situate in S.F.No.82/4, and further south, lands belonging to the Jaganatha Pillayar Temple and the Government is available. Beyond those lands, S.F.No.82/2A-2A is situate which is promoted by the 7th respondent in the name and style of Thanamani Nagar. The 7th respondent had obtained permission on 12.03.2013 to construct an individual utility bridge across the Kannipasana Vaikkal, but did not complete the work due to communal issues. He subsequently obtained fresh permission from the Public Works Department on 26.11.2019 and constructed the said bridge. The petitioner would submit that the construction of this bridge facilitates the 7th respondent's attempt to encroach upon adjoining temple and Government lands, and that such permission was obtained in violation of the regulations to construct the individual utility bridge. The petitioner would further submit that Thanamani Nagar is already adequately

connected by two established approach roads, Valluvar Street (Cement Road) and the road via Kailima Nagar and the bridge is unnecessary. According to the petitioner and local residents, the bridge threatens communal harmony and poses a flood risk during the rainy season. Therefore, the petitioner submitted a representation dated 30.04.2020 seeking removal of the bridge. Since the said representation has not been considered, the petitioner is before this Court.

3. Heard the learned counsels on either side.

4. This Court directs the respondents to consider the representation of the petitioner, dated 30.04.2020 and pass orders, with particular reference to the observations of the Advocate Commissioner who opined that the bridge is required for easy access, after affording an opportunity of personal hearing to the petitioner and all other interested parties. The said exercise shall be completed within a period of one (1) month from the date of receipt of copy of this order.

5. With the above directions, this Writ Petitions stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 24.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Chief Engineer, Public Works Department (Perennial Water Source), Trichy Region, Trichy.

2.Executive Engineer, Public Works Department (Perennial Water Source), Cauvery Irrigation Canal Lower Basin, Thanjavur.

3.The Director, Local Planning Authority, Thanjavur District, Thanjavur.

4.Block Development Officer, Kumbakonam Panchayat Union, Kumbakonam.

5.Assistant Executive Engineer, Cauvery Irrigation Canal Lower Basin, Kumbakonam.

6.The President, Ullur Panchayat, Kumbakonam Taluk, Thanjavur District.

P.T.ASHA, J.

gbg 24.11.2025