Santhi v. The District Collector

W.P.(MD)No.11825 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11825 of 2020 and W.M.P.(MD)No.10232 of 2020 Santhi ... Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Tahsildar, Aravakurichi, Karur District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the second respondent vide Naa.Kaa.A1/1764/2020, dated 24.07.2020 and consequently, direct the second respondent to permit the petitioner to lay pipe line in order to supply water to the saplings planted at Adarvanam Farms comprised in Survey No.142/1, 143, 144, 145, 147, 148 and 149 of Paramathi Panchayat, Thennilai South Part, Aravakurichi Taluk, Karur District from the percolated water source available at well of the petitioner's agriculture land situated in Survey No.1557/9, 1557/11 at Koodalur Keelpagam 2nd bit village.

For Petitioner :

Mr.I.Velpradeep For Respondents :

Mr.S.Angappan Government Advocate

O R D E R

Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner sought permission to lay pipelines from her patta land to her own lands situated in another village. It appears that it is only the District Collector who can pass orders on the petitioner's request. The second respondent may not have any authority to do so.

3.Therefore, the order impugned in this writ petition is quashed and the matter is remitted to the file of the first https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11825 of 2020 respondent to pass orders afresh in accordance with law. The first respondent will pass orders on the petitioner's application within a period of twelve weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. It is open to the first respondent to pass orders one way or other.

4.The Writ Petition is allowed with directions. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi 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, Karur District, Karur.

2.The Tahsildar, Aravakurichi, Karur District.

+1 CC to M/s.I.VELPRADEEP, Advocate ( SR-17167[F] dated 16/09/2020 ) +1 CC to M/s.GP ( SR-17283[F] dated 17/09/2020 ) W.P.(MD)No.11825 of 2020 16.09.2020 AL (CO) AP(24/09/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2