Karuthapandi. P v. The District Collector

W.P.(MD)No.19693 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.19693 of 2020 and W.M.P.(MD)Nos.16414 & 16418 of 2020 P.Karuthapandi : Petitioner Vs.

1.The District Collector, Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatti,Tuticorin District.

3.The Tahsildar, Ettayapuram Taluk,Tuticorin District.

4.The Block Development Officer, Kovilpatti Panchayat Union,Tuticorin District. 5.V.Muthalraj : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus calling for the records in respect of the communication in Thee3/3609/2020 dated 06.10.2020 issued by the fourth respondent and quash the same and consequently, directing the respondents 1 to 4 to take necessary action preventing the fifth respondent or any other private individuals from in any manner forming culvert or other constructions over the stream (Odai) located in S.Nos.160/1, 161/1, 162 and 163/1 at Narkalaikottai Village, Kovilpatti Panchayat Union, Ettayapuram Taluk, Tuticorin District, by considering the petitioner's representation dated 24.11.2020. For Petitioner : Mr.M.Prabu For Respondents : Mr.N.Shanmugaselvan, Additional Government Pleader for R.1 to R.4

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition on the premise that the land situated in S.No.160/1, which has been classified as Cart-track, is sought to be used for the purpose of construction of a Bridge.

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W.P.(MD)No.19693 of 2020

2. The learned Additional Government Pleader, by placing reliance upon the instructions given by the Block Development Officer, Kovilpatti, in Na.Ka.No.Thee3/3609/2020, dated 31.12.2020, submitted that the classification still stays as Cart-track and therefore, the same can be used accordingly. Furthermore, no order has been passed facilitating the fifth respondent to construct any bridge over the same.

3. In view of the same, we are of the opinion that there is no basis for the apprehension of the petitioner and therefore, this writ petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 1.The District Collector, Tuticorin District, Tuticorin.

2.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

3.The Tahsildar, Ettayapuram Taluk, Tuticorin District.

4.The Block Development Officer, Kovilpatti Panchayat Union, Tuticorin District.

+1 CC to M/s.GP ( SR-117[F] dated 05/01/2021 ) W.P.(MD)No.19693 of 2020 04.01.2021 (MK)CO AP(19/01/2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2