Vijayarani K v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.17519 of 2025 K.Vijayarani ... Petitioner Vs

1. The District Collector, Sivagangai District, Sivagangai.

2. The Tahsildar,, Thirupathur Taluk

3. The Executive Officer, Thirupathur Selection Grade Town Panchayat, Thirupathur, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the third respondent to stop the diversion of sewage water into the petitioner's properties in Survey Nos. 393/16, 393/17 and 393/21 situated at Thirupathur, Thirupathur Taluk, Sivagangai District and to 1/6

restore the original water channel to ensure free flow of rainwater and drainage and to remove the pipes, etc., belongs to the third respondent from the petitioner's properties, by considering the petitioner's representation dated 24.07.2025. For petitioner : Mr.V. Karuna For respondents : Mr.Mr.D.Ghandiraj Special Government Pleader for R1 & R2 Mr.M.Senthil Ayyanar Government Advocate for R3 *****

ORDER

This Writ Petition is taken up for hearing at the time of admission with the consent of the learned counsel for the petitioner, the learned Special Government Pleader for the respondents 1 and 2 and the learned Government Advocate for the third respondent.

2. It is the case of the petitioner that the third respondent is diverting the drainage water to the petitioner's patta land, where the petitioner proposes to plot the lands. Hence, the petitioner has sent a representation dated 24.07.2025. 2/6

3. The learned Government Advocate for the third respondent, on the other hand, submits that the third respondent is indeed attempting to help the petitioner. However, the petitioner is objecting to the execution of the work and that no attempt is being made to divert the drainage water into the petitioner's land and that the work is still going on on site.

4. The learned Special Government Pleader for the respondents 1 and 2 submits that the land may be directed to be surveyed and thereafter, can be ascertained whether the drainage is being diverted into the petitioner's patta land or not.

5. Having considered the submissions made by the learned counsel for the petitioner, the learned Special Government Pleader for the respondents 1 and 2 and the learned Government Advocate for the third respondent, this Writ Petition is disposed of by directing the second respondent to get the land surveyed by the concerned Land Surveyor and pass the report to the petitioner and the third respondent.

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6. In case any portion of the petitioner's land is being encroached upon and trespassed by the third respondent by diverting the drainage water into the petitioner's land, the third respondent shall remove the same.

7. Entire exercise is expected to be completed within a period of thirty (30) days from the date of receipt of a copy of this order. The petitioner shall cooperate with the respondents.

6. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 18.08.2025 Internet : Yes / No apd To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Tahsildar,, Thirupathur Taluk 4/6

3. The Executive Officer, Thirupathur Selection Grade Town Panchayat, Thirupathur, 5/6

C.SARAVANAN, J.

apd 18.08.2025 6/6