Madras High CourtWP(MD)/13026/2024dismissed

S.Mahalingam v. The District Collector (Monitoring Committee)

2024-09-24Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Mahalingam ... Petitioner Vs.

1.The District Collector (Monitory Committee), Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai Division, 3.The Tahsildar, Sivagangai Taluk, 4.The Surveyor of Short Circle, Periyakottai, Manamadurai Block, 5.The Village Administrative Officer, Idaikattur Village, 1/4

6.Marudhu ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to take immediate action against the illegal destruction of irrigation canal in S.No.166/1 and to ensure free access of water towards the petitioner's property in S. No.166/3 situated at Idaikattur Village, Sivagangai Taluk and District on the basis of the petitioner's representations dated 17.02.2024 and 10.04.2024 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.S.Prasanth For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 to R.5

ORDER

The petitioner is the owner of the land comprised in Survey No. 163/3, Idaikattur Village. He alleges that the private respondents had blocked Survey No.166/1 which is alleged to be an irrigation canal. On this premise, this Writ Petition has been filed.

2.When the matter was taken up for hearing, the learned Additional Government Pleader produced revenue records to show that Survey No.166/1 is a patta land belonging to Logu @ Muthiah Pillai. 2/4

3.We are satisfied that there is no encroachment of water body. It is for the petitioner to work out his remedy in the manner known to law. 4.This Writ Petition stands dismissed. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 24.09.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector (Monitory Committee), Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai Division, 3.The Tahsildar, Sivagangai Taluk, 4.The Surveyor of Short Circle, Periyakottai, Manamadurai Block, 3/4

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

MGA 5.The Village Administrative Officer, Idaikattur Village, 24.09.2024 4/4