← Library
Madras High CourtWP(MD)/18642/2021allowed

Rajan.J v. The District Collector

2022-06-27Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.18642 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.18642 of 2021 and W.M.P.(MD)No.15365 of 2021 J.Rajan ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Block Development Officer, Vedachandur Panchayat Union, Dindigul District.

3.The Tahsildar, Vedachandur Taluk, Dindigul District.

4.The President, Thattarapatti Panchayat, Vedachandur Panchayat Union, Dindigul District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the fourth respondent in his proceedings Nil dated 27.09.2021 and quash the same as illegal and consequently, forbearing the respondents from releasing the sewage water through the land of the CSI of Diocese of Madurai-Ramnad in S.No.681/1C2, Vedachandur Village, Vedachandur Taluk, Dindigul District or from in any way depriving the Diocese from the said land without acquiring the same under Section 137 of the Tamil Nadu Panchayat Act, 1994.

For Petitioner : M/s.Jasima Yashmin for M/s.Ajmal Associates For R1 to R3 : Mr.K.Balasubramani Special Government Pleader For R4 : Mr.R.Ragavendran

O R D E R

Heard the learned counsel on either side.

2. By the impugned communication, the President of the local body had directed the petitioner to allow the passage of the sewage water through the petition mentioned land.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18642 of 2021

3. It is seen that the petition mentioned land ie., Survey No.681/1C2, Vedachandur Village is very much standing in the name of the petitioner diocese.

4. Though the learned Special Government Pleader would claim that on ground, the petition mentioned land forms part of a road, the revenue record speaks otherwise. Hence, I have to be necessarily sustain the stand of the petitioner's counsel. Since the petition mentioned land has been shown as private patta land, the impugned notice is quashed. The Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) // True Copy // /07/2022 Sub Assistant Registrar(CS) rmi To 1.The District Collector, Dindigul District,Dindigul.

2.The Block Development Officer, Vedachandur Panchayat Union,Dindigul District. 3.The Tahsildar, Vedachandur Taluk,Dindigul District.

4.The President, Thattarapatti Panchayat, Vedachandur Panchayat Union, Dindigul District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-28401[F] dated 28/06/2022 ) +1 CC to M/s.SPL.GP ( SR-28547[F], SR-28712[F] dated 28/06/2022 ) W.P.(MD)No.18642 of 2021 and W.M.P.(MD)No.15365 of 2021 27.06.2022 SRK(CO) KB(05.07.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2