Madras High CourtWP(MD)/11418/2015

C.Paul Nadar v. The District Collector

2023-07-14Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.1 of 2015 C.Paul Nadar ... Petitioner Vs 1.The District Collector, Office of the District Collectorate, Tirunelveli District.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Cheramadevi, Tirunelveli District.

3.The Block Development Officer, Block Development Office, Rathapuram (Taluk), Tirunelveli District.

4.The Panchayat President, Kudankulam Panchayat, Kudankulam, Tirunelveli District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from making any construction or laying down any road in the petitioner's nearby Oodai in Survey No. 530, 531/1, 527/1, 538/4, 539/1, 540/1, 545/1, 546/1, 546/3 in an situated at Kudunkulam Village, Kurinjikulam, Vijayapathi Village, Rathapuram (Taluk), Tirunelveli District and a pond in Survey No.21, situated at Vijayapathi Village, Rathapuram Taluk, Tirunelveli District without acquisition proceedings.

For Petitioner : Mr.S.Rajasekar For Respondents : Mr.D.Gandhi Raj Special Government Pleader for R.1 & R.2 Mr.G.Muthukannan for R.3 Mr.D.Senthil Kumar for R.4

ORDER

Heard the learned counsel on either side.

2. The petitioner wanted this Court to restrain formation of a road across water body. The writ petition was filed in the year 2015. We are now in July 2023. In the meanwhile, the road has already been laid. Nothing survives for further adjudication.

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3. This writ petition is dismissed as infructuous. The petitioner is given liberty to agitate his claim by filing a fresh writ petition. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 14.07.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, Office of the District Collectorate, Tirunelveli District.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Cheramadevi, Tirunelveli District.

3.The Block Development Officer, Block Development Office, Rathapuram (Taluk), Tirunelveli District.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)No.1 of 2015 14.07.2023 4/4