Sureshpandi. C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.Sureshpandi ... Petitioner Vs.

1.The District Collector, Theni, Theni District.

2.The Tahsildar, Taluk Office, Aundipatti Post, Theni District.

3.The Executive Officer, Town Panchayat Office, Aundipatti Post, Theni District.

4.S.Rajakumari ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 3rd respondent to restore the drainage channel to its original status for flow of drainage water flowing in the passage of 4 feet width and 50 feet length in between the 4th respondent compound wall and the house of Mr.Gandhi in Door No.8/2-158-1 after removing the blockage of steel gate installed in the frontage of the passage and the cement mortar plaster coverage made over the existing 1/4

drain channel put up by the 4th respondent blocking the flow of drainage water of 2nd street of Kamaraj Nagar of 3rd respondent Town Panchayat in pursuance of his notice Na.Ka.No.06/2024 dated 28.03.2024 and considering the petitioner's representation dated 19.03.2024 within the period that may be stipulated by this Court.

For Petitioner : Mr.Ajmalkhan, Senior Counsel, For Mr.K.Ponnaiah.

For Respondents : Mr.D.Sasikumar, Addl. Government Pleader for R1 to R3.

Mr.K.Appadurai for R4.

ORDER

Heard the learned senior counsel for the writ petitioner, the learned Additional Government Pleader for the respondents 1 to 3 and the learned counsel for the fourth respondent.

2.It is seen that the petition mentioned drainage channel was blocked by one Gandhi and not Rajakumari. Gandhi has not been made as party in this writ petition. This writ petition is dismissed only on ground of non-joinder of necessary party. No costs.

07.06.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 2/4

To:- 1.The District Collector, Theni, Theni District.

2.The Tahsildar, Taluk Office, Aundipatti Post, Theni District.

3.The Executive Officer, Town Panchayat Office, Aundipatti Post, Theni District.

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G.R.SWAMINATHAN, J.

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