Madras High CourtWP(MD)/15321/2023dismissed

Velsamy .S v. The District Collector

2023-06-27Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD)No.12916 of 2023 S.Velsamy ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Executive Engineer, Tamilnadu Water and Drainage Board, Schemes Division, No.82/4, Old Trunk Road, Sathur - 626 203 Viruthunagar District.

3.The Divisional Engineer, Highways Department, Tirunelveli - 627 002 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus forbearing the respondent from laying pipelines using heavy earth movers and machineries in the land adjacent to the land in Survey No.1475/1A1 of Seevalaperi Village, Tiruenveli District.

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For Petitioner : Mr.S.Suresh Manickam For R1 & R3 : Mr.N.Muthu Vijayan Special Government Pleader For R2 : Mr.Vijay Karthikeyan

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking a restraint against the respondent, particularly the second respondent, the Executive Engineer, Tamilnadu Water and Drainage Board, Schemes Division, No.82/4, Old Trunk Road, Sathur - 626 203, Viruthunagar District from laying pipelines using heavy earth movers and machineries in the land adjacent to the land in Survey No.1475/1A1 of Seevalaperi Village, Tiruenveli District.

2. The said water project has not been done in the land of the petitioner. Therefore, he has no loco standi to give representation or to seek a direction to consider the said representation. 2/5

3. I am confident that the project had been conducted with permission granted from the Highways Department. The Highways Department had imposed certain conditions and it is between the third respondent, the Highways Department and the second respondent, Tamilnadu Water and Drainage Board. The petitioner is a third party and only for the reason that the petitioner has given a representation. It need not be considered by the 2nd respondent.

4. The respondents are directed to proceed further with the projects and keep in mind the safeguard measures when executing the project.

5. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 27.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No CM 3/5

To, 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Executive Engineer, Tamilnadu Water and Drainage Board, Schemes Division, No.82/4, Old Trunk Road, Sathur - 626 203 Viruthunagar District.

3.The Divisional Engineer, Highways Department, Tirunelveli - 627 002 4/5

C.V.KARTHIKEYAN, J.

CM and W.M.P(MD)No.12916 of 2023 27.06.2023 5/5