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Madras High CourtWP(MD)/12350/2020dismissed

S.Joseph v. The District Collector

2025-07-25Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE S.Joseph ... Petitioner -vs1.The District Collector Kanyakumari District 2.The Executive Officer Neyoor Town Panchayat Kanyakumari District 3.The Junior Engineer Tamil Nadu Generation and Distribution Corporation (TNGEDCO) Thingal Nagar Division Kanyakumari District 4.Xaviour James Raj ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent 1 to 3 to close the unauthorized gigantic bore well constructed by the 4th respondent in Sy.No.126/14 A2 of Lakshmi puram Village, Kalkulam Taluk, Kanyakumari District. For Petitioner :

Mr.A.Balakrishnan For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 & R2 Mr.S.Ramakrishnan for R4

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted seeking a direction to the the respondents 1 to 3 to close the unauthorized gigantic bore well constructed by the fourth respondent in Survey No.126/14 A2 of Lakshmipuram Village, Kalkulam Taluk, Kanyakumari District.

2. The second respondent has filed a counter affidavit stating that the Will is providing water for agricultural purposes and electricity service connection has also been provided. The Executive Officer, Neyoor Town Panchayat, has issued a certificate stating that permission has been granted to the fourth respondent for digging the Well and to utilize the water for

irrigation purposes.

3. Since necessary permissions have been obtained from the competent authority and safety measures have been provided, the relief as such sought for need not be considered.

4. Accordingly, this writ petition is dismissed. No costs. [S.M.S., J.] [A.D.M.C., J.] 25.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Kanyakumari District.

2.The Executive Officer, Neyoor Town Panchayat, Kanyakumari District.

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE , J.

krk 25.07.2025