Xavier.V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.22851 of 2022 and W.M.P.(MD).No.16971 of 2022 V.Xavier ... Petitioner vs.

1.The District Collector, Sivagangai, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai, Sivagangai District.

4.Arulanandu (R4 is impleaded vide Court order dated 28.10.2022 in W.M.P.(MD).No.18654 of 2022 in W.P.(MD).No.22851 of 2022.

... Respondents 1/5

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from forming any channel or water way through the patta land of the petitioner comprised in S.No.177/10A of Sakkanthi Group South Irumathi Village, Sivagangai District, by considering the representation of the petitioner, dated 04.04.2022 and 22.09.2022. For Petitioner : Mr.S.C.Herold Singh For R1 to R3 : Mr.D.Sadiq Raja Additional Government Pleader For R4 : Mr.T.Balaji

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, forbearing the respondents from forming any channel or water way through the patta land of the petitioner comprised in S.No. 177/10A of Sakkanthi Group South Irumathi Village, Sivagangai District, by considering the representation of the petitioner, dated 04.04.2022 and 22.09.2022.

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2. The case of the petitioner is that the respondents are making effective steps to trespass into the petitioner's property in S.No.177/10A of Sakkanthi Group South Irumathi Village, Sivagangai District, so as to form a new water channel rather than restoring the existing channel which flows through some other area. Hence, he has made a representation to the respondents on 04.04.2022 and 22.09.2022. As the respondents are threatening the petitioner, he has approached this Court.

3. The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that no such proposal is pending.

4. Considering the above said submission, this Court is of the view that the prayer sought for by the petitioner is very premature one. Hence, this Writ Petition is closed. No costs. Consequently, the connected Miscellaneous Petition is closed.

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To 1.The District Collector, Sivagangai, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai, Sivagangai District.

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V.BHAVANI SUBBAROYAN,J.

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