Justin Rose .J v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.12756 of 2024 J.Justin Rose ... Petitioner Vs.

1.The District Collector, Kanniyakumari District, At Nagercoil.

2.The Tahsildar, Killiyoor Taluk, Killiyoor, Kanniyakumari District.

3.The Assistant Engineer, W.R.O, Pattanangal Irrigation Section, Karungal, Kanniyakumari District.

4.The Executive Officer, Keezhkulam Town Panchayat, Keezhkulam, Kanniyakumari District.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notice vide Nil dated 15.06.2024 by the third respondent and quash the same as illegal and unconstitutional, and consequently direct the third respondent to process the application of the petitioner dated 10.05.2024 seeking for approval for constructing the concrete bridge over the water channel to access the property of the petitioner comprised in R.Sy.No.525/2C at Enayamputhanthurai Village, Killiyoor Taluk, Kanniyakumari District. For Petitioner : Mr.C.Aravinthan, For M/s.Aran Legal Consultancy.

For Respondents : Mr.S.Kameswaran, Government Advocate for R1 to R3.

Mr.S.P.Maharaja, Spl. Government Pleader for R4.

ORDER

Heard both sides.

2/6

2.We are not inclined to interfere with the impugned notice issued by the third respondent.

3.The learned counsel for the petitioner claims that the petitioner had put up the petition mentioned bridge based on the oral permission granted by the official concerned. We cannot take cognizance of such oral transaction. Without getting permission in writing from the competent authority, the petitioner could not have constructed any bridge across the water body.

4.The writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S.J.,) & (B.P.J.,) 04.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The District Collector, Kanniyakumari District, At Nagercoil.

2.The Tahsildar, Killiyoor Taluk, Killiyoor, Kanniyakumari District.

3.The Assistant Engineer, W.R.O, Pattanangal Irrigation Section, Karungal, Kanniyakumari District.

4.The Executive Officer, Keezhkulam Town Panchayat, Keezhkulam, Kanniyakumari District.

4/6

5/6

G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 04.07.2024 6/6