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Madras High CourtWP(MD)/21060/2024allowed

P.Mokkai v. The District Collector

2025-03-11Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.17849, 19258 & 20853 of 2024 P.Mokkai ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Executive Engineer, PWD Department (Water Resources), Tallakulam Office, Madurai.

3.The Tahsildar, Narasingam, Madurai.

4.The Block Development, Tallakulam, Madurai.

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5.The President, Y.Pudhupatti Village Panchayat, Y.Pudhupatti, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents not to put up the Bus Stop in the water body land classified as "Channel" as per revenue records in Survey No. 18-8, at Y.Pudhupatti, Madurai East Taluk, Madurai District based on the petitioner's representation dated 30.08.2024. For Petitioner : Ms.A.Banumathy For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader for R.1 to R.5

ORDER

Heard both sides.

2.The petitioner opposes construction of bus stop in the petition mentioned survey number. It appears that a channel was originally running through the petition mentioned survey number. It has been obliterated long back. A pucca road has also been laid. When a pucca road has been laid and the villagers also using it, it is too late in the day to oppose construction of bus 2/4

stop alone. The petitioner has not sought restoration of the original position. We make it clear that for putting up the bus stop, no existing channel will be disturbed.

3.With the above observation, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[G.R.S., J.] [B.P., J.] 11.03.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Madurai District, Madurai.

2.The Executive Engineer, PWD Department (Water Resources), Tallakulam Office, Madurai.

3.The Tahsildar, Narasingam, Madurai.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 4.The Block Development, Tallakulam, Madurai.

5.The President, Y.Pudhupatti Village Panchayat, Y.Pudhupatti, Madurai District.

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