Murugaiah .V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR and WMP (MD) No.9513 of 2022 V.Murugaiah : Petitioner Vs.

1.The District Collector Tenkasi District Tenkasi 2.The District Revenue Officer, Tenkasi District Tenkasi.

3.The Tahsildar Kadayanallur Taluk Kadayanallur Tenkasi District 4.The Superintending Engineer, (Construction) Public Works Department Trichy.

5.The Executive Engineer PWD-WRO Upper Vaippar Basin Division Rajapalayam 626 117 Virudhunagar District : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to forbear the respondents from taking 'Kolli Aaru' river water to Nagaram Periyakulam by retaining the name 'Paatai poramboke' instead of the changed name 'Canal Poramboke' in the revenue records for the S.No.361/2 in Malaiyandikurichi revenue village in Kadayanallur Taluk, in Tenkasi District.

For Petitioner : Mr.F.X.Eugene For Respondents : Mr.SRA.Ramachandran Additional Government Pleader 1/3

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) Alleging that the respondents are attempting to take 'Kolli Aaru' river water to Nagaram Periyakulam by retaining the name 'Paatai poramboke' instead of changed name 'Canal Poramboke' in the revenue records in S.No.361/2 in Malaiyandikurichi revenue village in Kadayanallur Taluk, in Tenkasi District, the present public interest litigation has been filed for a direction to forbear the respondents for doing the same.

2.On a perusal of the records, it is seen that this matter was considered by the District Collector way back in the year 2013 and an order has been passed, which has been enclosed by the petitioner in the typed set of papers.

3. In the opinion of this Court, a writ as prayed for cannot be granted in public interest because it is for the revenue authorities to decide about mutation of their records in a given circumstance.

4. In the result, this writ petition is devoid of merits and hence, it is dismissed.

No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD II) // True Copy // /07/2022 Sub Assistant Registrar(CS) RR To 1.The District Collector Tenkasi District Tenkasi 2.The District Revenue Officer, Tenkasi District Tenkasi.

3.The Tahsildar Kadayanallur Taluk Kadayanallur Tenkasi District 2/3

4.The Superintending Engineer, (Construction) Public Works Department Trichy.

5.The Executive Engineer PWD-WRO Upper Vaippar Basin Division Rajapalayam 626 117 Virudhunagar District +1 CC to M/s.F.X. EUGENE, Advocate ( SR-28794[F] dated 29/06/2022 ) Order made in 28.06.2022 SS/05/07/2022/ 3P 7C 3/3