M.Dinakaran, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.7596 of 2018 and W.M.P(MD)Nos.7226 to 7228 of 2018 M.Dinakaran ... Petitioner Vs.

1. The District Collector, Collectorate, Thoothukudi District, Thoothukudi.

2. The Tahsildar, Tiruchendur Taluk, Tiruchendur.

3. The Commissioner (incharge) Panchayat Union, Udangudi, Tiruchendur Taluk, Thoothukudi District.

4. Alaguvel Nadar ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to quash the impugned proceeding vide A3/140/2018 dated 02.03.2018 issued by the 3rd respondent and to forbear the 3rd respondent from allowing the 4th respondent to take water to the sugar karuppati industry which is situated around 4 km away from the garden of the 4th respondent. 1/4

For Petitioner : Mr.V.Rajiv Rufus For R1 and R2 : Mr.D.Sasi Kumar Additional Government Pleader For R3 : Mr.Rajaram For R4 : Mr.M.Saravanan

ORDER

This writ petition has been filed to quash the impugned order dated 02.03.2018 and to forbear the 3rd respondent from allowing the 4th respondent take water to the sugar/karuppati industry.

2. The impugned order has been passed pursuant to the order passed by this Court vide order dated 14.02.2018 in W.P(MD)No.1688 of 2018, filed by the 4th respondent herein. This Court has passed the following order:- "4. Considering the fact that the petitioner has inadvertently laid the pipe line only to irrigate his lands, the petitioner is directed to file necessary application before the second respondent seeking permission to take water by paying necessary fee. On filing such application, the second respondent is directed to consider the same and if it is permissible, the second respondent is directed to give permission to take water. Till order is passed, the second respondent is directed not to disturb the petitioner from taking water through pipeline.

5. With the above direction, the writ petition is disposed of. No costs."

2/4

3. Pursuant to this order, the petitioner therein viz., the 4th respondent herein has approached the authorities concerned and the authorities after considering his request has granted permission and has also collected fees from him.

4. The petitioner herein now before this Court has not challenged the order passed in W.P(MD)No.1688 of 2018 dated 14.02.2018. The present writ petition appears to be an attempt to review the earlier order dated 14.02.2018 through this writ petition which cannot be permitted.

5. Therefore, the writ petition is dismissed. However, it is open to the petitioner to challenge the earlier order passed by this Court. No costs. Consequently, connected miscellaneous petitions are closed. 23.09.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

P.T.ASHA, J.

rgm To

1. The District Collector, Collectorate, Thoothukudi District, Thoothukudi.

2. The Tahsildar, Tiruchendur Taluk, Tiruchendur.

3. The Commissioner (incharge) Panchayat Union, Udangudi, Tiruchendur Taluk, Thoothukudi District. W.P.(MD).No.7596 of 2018 and W.M.P(MD)Nos.7226 to 7228 of 2018 23.09.2025 4/4