Soosai Manickam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)Nos.12837, 16289 & 19825 of 2024 Soosai Manickam .. Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Tahsildar, Kalayarkoil Taluk, Sivagangai District.

3.Pandikannu 4.Arokiam 5.Dhanapal .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents 1 and 2, from digging petitioner's pata land in S.No.8/13A, in Ethikudi Village, Silukkapatti group in Sivagangai District, for laying the cannel, except the detail channel therein.

For Petitioner :

Mr.R.Suriya Narayanan For R1 & R2 :

Mr.B.Saravanan Additional Government Pleader For R3 - R5 :

Mr.G.Prabhu Rajadurai

ORDER

The above writ petition is filed for a mandamus forbearing the respondents 1 and 2, from digging petitioner's pata land in S.No.8/13A, in Ethikudi Village, Silukkapatti group in Sivagangai District, for laying the cannel, except the detail channel therein.

2. After hearing the parties, since the grievance of the petitioner was that by reason of the channel having been diverted, his access to this property had been cut, this Court had suggested whether the official respondents could build a bridge across the channel so as to enable the petitioner to access his building or whether they are ready to pay compensation.

3. Today, when the matter had come up for hearing, the Kalaiyarkoil Panchayat Union has submitted an estimate for the construction of the bridge and respondents have agreed to put up this bridge. The learned counsel for the petitioner has agreed to the same. However, he would submit that nearly 12 cents of his lands have been acquired and the bridge that is now proposed to construct is of a lesser extent that he would be entitled to compensation for the difference. It is open to the petitioner to make a representation to the respondents who shall consider and pass order. The respondent undertakes to complete the construction of the bridge within a period of four (4) months from today.

4. Recording the same, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 21.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To 1.The District Collector, Sivagangai District.

2.The Tahsildar, Kalayarkoil Taluk, Sivagangai District.

21.10.2024