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Madras High CourtWP(MD)/17508/2021disposed of

Ramalingam.K v. The District Collector

2023-11-08Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.14355 of 2021 K.Ramalingam ... Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Block Development Officer, Kallal Panchayat Union, Kallal, Sivagangai District.

3.The President, Thalakkavur Panchayat, Kallal Panchayat Union, Karaikudi Taluk, Sivagangai District.

4.The Tahsildar, Karaikudi Taluk, Sivagangai District.

5.Kannapiran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from entering and constructing a water tank or to put up the construction of any nature in the 1/4

land bearing S.No.104/2 (Now subdivided into S.No.390/32), Managiri, Sukkanenthal Village, Thakkavur Panchayat, Karaikudi Taluk, Sivagangai District, in consideration of the representation of the petitioner, dated 16.09.2021.

For Petitioner :

Mr.G.Prabhu Rajadurai For R1, R2 and R4:

Mr.K.S.Selvaganesan Additional Government Pleader For R3 :

Mr.M.Lingadurai

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, forbearing the respondents from putting up any water tank or any other construction in the subject property, by considering the representation made by the petitioner on 16.09.2021.

2. When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the respondents 1, 2 and 4, on instructions, submitted that the water tank has already been put up in the property and water is being supplied to the general public. 2/4

3. In view of the above development, the relief as sought for by the petitioner cannot be granted by this Court. If the petitioner is aggrieved by the putting up of the water tank in the Patta land, it is left open to him to work out his remedy in the manner known to law.

4. This Writ Petition is disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 08.11.2023 Index : Yes/No smn2 To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Block Development Officer, Kallal Panchayat Union, Kallal, Sivagangai District.

3.The President, Thalakkavur Panchayat, Kallal Panchayat Union, Karaikudi Taluk, Sivagangai District.

4.The Tahsildar, Karaikudi Taluk, Sivagangai District.

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N.ANAND VENKATESH, J.

smn2 and W.M.P.(MD)No.14355 of 2021 08.11.2023 4/4