Anbalagan. P v. The District Collector / Chair Person Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.8837 of 2024 and W.M.P.(MD)No.8052 of 2024 P.Anbalagan ... Petitioner Vs.

1.The District Collector / Chair Person Monitoring Committee, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai District.

3.The Tahsildar, Vadipatti Taluk, Madurai District.

4.The Block Development Officer, Village Panchayat, Alanganallur Union, Madurai District.

5.The President, Paripatti Village Panchayat, Madurai District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to restore the Periya Odai in Survey No.176 A which consists of 40 feet wide and 600 feet length to its original position and consequently, direct the respondents not to diver the water flow to the small stream based on the petitioner's representation dated 21.02.2024.

For Petitioner :Mr.C.Vakeeswaran For Respondents :Mr.Veerakathiravan Additional Advocate General assisted by K.Balasubramani Special Government Pleader for R1 to R4 : Mr.R.Saravanan for R5

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader for the respondents.

2. The grievance of the petitioner is that the water channel comprised in Survey No.176A, Saranthangi Village is sought to be converted as road. Copy of the "A" register has been enclosed. It is seen therefrom that Survey No.176A measuring 69 ares has been classified as 'Odai' and the revenue record 2/4

and it will have to be maintained as such. The character of the water body shall not be altered. If any changes have been made during the intervening period, the original position shall be restored.

3. The Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 05.11.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector / Chair Person Monitoring Committee, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai District.

3.The Tahsildar, Vadipatti Taluk, Madurai District.

4.The Block Development Officer, Village Panchayat, Alanganallur Union, Madurai District.

3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi W.P(MD)No.8837 of 2024 05.11.2024 4/4