Devaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.10600 of 2024 & 56 of 2025 Devaraj ... Petitioner Vs.

1.The District Collector, Trichy, Trichy District.

2.The Tahsildar, Musiri, Trichy District.

3.The Commissioner, Musiri Panchayat Union, Musiri, Trichy District.

4.The Chairman, Musiri Panchayat Union, Musiri, Trichy.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 from altering the water channel comprised in S.No.458, Thiruthalaiyur Village, Musiri Taluk, Trichy District, by forming a road on the channel.

For Petitioner : Mr.R.Murali For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 & R.2 Mr.R.Suresh Kumar Additional Government Pleader for R.3 to R.4

ORDER

Heard both sides.

2.It is not in dispute that a water channel runs in Survey No.458, Thiruthalaiyur Village, Musiri Taluk. It is well settled that the course of water channel cannot be altered. The allegation of the petitioner is that a road is proposed to be laid on the water channel.

3.It is impermissible. We had earlier granted interim injunction vide order dated 13.06.2024. The said interim order is made absolute. 2/4

4.This Writ Petition stands allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 24.01.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Trichy, Trichy District.

2.The Tahsildar, Musiri, Trichy District.

3.The Commissioner, Musiri Panchayat Union, Musiri, Trichy District.

4.The Chairman, Musiri Panchayat Union, Musiri, Trichy.

3/4

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

MGA 24.01.2025 4/4