Madras High CourtWP(MD)/22878/2015dismissed

Duraikannu, S/O.Suyarajyam v. The District Collector

2016-11-03Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.22878 of 2015 and M.P.(MD).Nos.1 and 2 of 2015 Duraikannu .. Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional officer, Paramakudi, Ramanathapuram District.

3.The Block Development Officer, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

4.The Tahsildar, Kadaladi Taluk, Kadaladi, Ramanathapuram District.

5.The Executive Officer, Sayalkudi Town Panchayat, Sayalkudi Kadaladi Taluk, Ramanathapuram District.

6.The Chairman, Sayalkudi Town Panchayat, Sayalkudi, Kadaladi Taluk, Ramanathapuram District.

.. Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to take action against the respondents 4 to 6 U/s.133 of Cr.P.C. for damaging S.Ilanthaikulam Village tank water

canal and letting Sayalkudi Town Panchayat Drainage water into that canal and polluting S.Illanthaikulam Village water tank. For Petitioner : Mr.M.Kalamurugappan for Mr.T.Lajapathi Roy For respondents : Mr.T.R.Janarthanam 1 to 4 Addl. Government Pleader For respondents 5 & 6 : Mr.R.Karthikrajan

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Writ Petition seeking a direction to the respondents 1 and 2 to take action against the respondents 4 to 6 under Section 133 of Cr.P.C. on the allegation that they had damaged S.Ilanthaikulam Village tank water canal and they have been letting Sayalkudi Town Panchayat drainage water into that canal and thereby, polluting S.Illanthaikulam Village water tank.

2.The Tahsildar, Kadaladi under Letter No.Na.Ka.P.1/15619/2015, dated 18.12.2015, addressed to the Government Pleader has stated that only for the purpose of letting the rain water into Kundaru, a canal has been now made through promboke land. He has further stated in the said letter that no damage has been caused and no drainage water is let into the tank in question.

3. In our considered view, if the petitioner has got any more grievance in this regard, it is for him to work out his remedy before the competent Court, as in this Writ Petition, we cannot resolve the disputed question of fact. This Writ Petition is, therefore, dismissed. No costs.

Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District, Ramanathapuram.