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Madras High CourtWP(MD)/18836/2022disposed of

Otcha Thevar.M v. The District Collector

2022-08-18Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.13741 of 2022 M.Otcha Thevar ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Usilampatti, Madurai District.

4.The Tahsildar, O/o. the Tahsildhar, Usilampatti Taluk, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents No. 1 to 4 to grant permission to the petitioner for digging well using explosives in S.F.No. 3/4A, 3/7 situated at Boduvarpatti Village, Usilampatti Taluk, Madurai 1/4

District on the basis of the petitioner's representations dated 14.06.2022 within the time frame stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner is the owner of the petition mentioned land. He wants to dig a well. In the very nature of things, explosives are required for the said operation. The petitioner had moved the second respondent in this regard.

3. The second respondent is directed to satisfy himself regarding the ownership of the petitioner over the land in question. If the petitioner's ownership is not in doubt, the second respondent shall grant permission to the petitioner to use explosives for digging the well. It is open to the second respondent to stipulate appropriate condition and the petitioner is obliged to adhere to the same. Final order shall be passed in this regard within a period of six weeks from the date of receipt of a copy of this order.

4. The Writ Petition is disposed of on these terms. No costs. Consequently, connected miscellaneous petition is closed. 18.08.2022 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Usilampatti, Madurai District.

4.The Tahsildar, O/o. the Tahsildhar, Usilampatti Taluk, Madurai District.

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G.R.SWAMINATHAN, J.

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