K.Chinnachamy, S/O.Kuppusamy v. The Executive Engineer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.5120 of 2017 K.Chinnachamy
...Petitioner
-VsThe Executive Engineer, Public Works Department, Water Resources Organization, River Basin Division, Trichy.
...Respondent
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to permit the petitioner to construct the over bridge across the channel namely Raja Vaikkal to create access for reaching the agricultural land in Survey Nos.191,184,192 and 209 situated at Vangal Village, Manmangalam Taluk, Karur District belongs to him based on the petitioner's representation dated 01.02.2017.
For Petitioner : Mr.V.P.Rajan For Respondent : Mr.M.Alagathevan Special Government Pleader
O R D E R
The petitioner has come up with the Writ Petition for issuance of a Writ of Mandamus, directing the respondent to permit the petitioner to construct the over bridge across the channel namely Raja Vaikkal to create access for reaching the agricultural land in Survey Nos.191,184,192 and 209 situated at Vangal Village, Manmangalam Taluk, Karur District belongs to him based on the petitioner's representation dated 01.02.2017.
2. Heard Mr.V.P.Rajan, learned counsel appearing for the petitioner and Mr.M.Alagathevan, learned Special Government Pleader appearing for the respondent and perused the materials available on record.
3.The case of the petitioner is that he owns 15 acres of land in Survey Nos.191,184,192,209,282,290,291,292,293 and 561 situated at Vangal Village, Manmangalam Taluk, Karur District. He used to cultivate paddy and other crops periodically in his land. He https://hcservices.ecourts.gov.in/hcservices/
states that a channel, namely, Raja Vaikkal passing through his land to the extent of 6 meters breadth. He has now laid bamboo over bridge across the channel to have access to his agricultural land. He has also decided to construct an over bridge across the said Raja Vaikkal and therefore he gave a representation to the respondent on 01.02.2017, seeking permission for construction of over bridge. Since, no action was taken, the present writ petition is filed by the petitioner.
4.The learned Special Government Pleader referring to the counter filed by the respondent would submit that the respondent has already granted permission to others to construct a culvert, which is located 200 mts at the upstream side of the channel from the proposed location of the petitioner and the representation of the petitioner is under consideration.
5. Considering the prayer sought for in the writ petition and the submissions of the learned Special Government Pleader for the respondent, this Writ petition is disposed of with a direction to the petitioner to file appropriate application within a period of two weeks. On receipt of such representation, the respondent shall consider the same and pass orders within a period of four weeks therefrom.
6. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Executive Engineer, Public Works Department, Water Resources Organization, River Basin Division, Trichy.
+1cc to M/S. V.P.RAJAN, Advocate, SR.No.61334. +1cc to Special Government Pleader, SR.No.61177. W.P.(MD)No.5120 of 2017 20.06.2017 msa/dss SDS/SV:MMS/SAR 3/29.06.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/