Madras High CourtWP(MD)/20318/2021closed

Pathamuthu.R v. The Dist.Collector

2021-12-21Honourable The Acting Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2021 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.(MD)No.20318 of 2021 R.Pathamuthu ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, 3.The Block Development Officer, 4.A.Selvam The President, Periya Avarangadu Village, Velikurichi Post, Manamadurai Taluk, ... Respondents PRAYER : Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the respondents 1 to 3 to initiate appropriate action to remove the encroachment of the Velikurchi main irrigation canal at S.No.190/11 at Vellikurichi Village, Periya Avarangadu, Manamadurai, Sivagangai District. For Petitioner : Mr.M.Jegadeesh Pandian For R1 to R3 : Mr.B.Saravanan Additional Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE] Heard the learned counsel for the petitioner.

2. The writ petition has been filed seeking a direction to the respondents 1 to 3 to initiate appropriate action to remove the encroachment by the fourth respondent.

3. The allegations have been made against the fourth respondent for construction of road on the canal. It has been refuted by the learned Additional Government Pleader appearing for the respondents 1 to 3. It is submitted that there is no proposal for construction of road on the main irrigation canal in Survey Nos.190/4 and 190/11.

4. In view of the submission of the learned Additional Government Pleader, we close this writ petition as there is no proposal for construction of road on the irrigation canal in Survey Nos.190/4 and 190/11.

5. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) krk/pkn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar,

3.The Block Development Officer, +1 CC to M/s.SPL GP ( SR-39969[F] dated 22/12/2021 ) 21.12.2021 RK(04/01/2022) 3P 5C