Mr.Chinnanan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.13116 of 2017 and W.M.P.[MD]No.10187 of 2017 Mr.Chinnanan ... Petitioner Vs.
1. The District Collector, Sivagangai,
2. The Revenue Divisional Officer, Devakottai,
3. The Tahsildar,
4. The Block Development Officer, 5.Krishnappan 6.Gnanambal ... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of writ of mandamus,directing the respondents 1 to 3 to take appropriate and necessary steps to start "Water ATM" project in Sirukudalpatti Village, Tirupathur Taluk, Sivagangai District as scheduled on 25.07.2017 and to ensure that good and pure drinking water is supplied to the Villagers in and around Sirukudalpatti, Sennalkudi and Kumarapettai Village.
For Petitioner : Mr.AL.Kannan For R1 to R4 : Mr.T.S.Mohamad Mohideen, Additional Government Pleader
O R D E R
************* [Order of the Court was delivered by G.R.SWAMINATHAN, J.] The Writ petitioner seeks a direction for directing the respondents 1 to 3 to take appropriate and necessary steps to start (Water ATM) project in Sriukudalpatti village, Tirupathur Taluk, Sivagangai District.
2.No doubt, the object of the writ petitioner is laudable. But there is an impediment. The property in question does not absolutely belong to the writ petitioner. The sixth respondent is also a co-owner. Therefore, the property in which the sixth respondent is having common interest cannot be unilaterally given away by the writ petitioner in favour of the project which is no doubt laudable.
3.It appears that there is a civil dispute pending between the petitioner and the sixth respondent. The learned counsel for the writ petitioner would submit that the six respondent gave consent for starting the project. But the sixth respondent did not appear before this Court to express her concurrence. Therefore, it is not possible for this Court to grant the relief sought for by the writ petitioner.
4.Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To:
1. The District Collector, Sivagangai,
2. The Revenue Divisional Officer, Devakottai,
3. The Tahsildar,
4. The Block Development Officer, +1 cc to Mr.AL.Kannan , Advocate in SR.No. 72836 gsp/smi AE/MR KKR/SAR4/19.09.2017/3P/6C W.P.[MD].No.13116 of 2017 11.08.2017