Murugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.18490 of 2018 and W.M.P.(MD) No.16394 of 2018 Murugan ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Kodaikanal Taluk, Dindigul District.

3.The Tahsildar, Kodaikanal Taluk, Dindigul District.

4.The Assistant Executive Engineer, Public Works Department, (WRO), Maruthanadhi Basin Sub Division, Nilakkottai, Dindigul District.

5.The Assistant Executive Engineer, Public Works Department (WRO), Kodaikanal, Dindigul District.

6.The Secretary, Poondi Panchayat Village, Kodaikanal, Dindigul District.

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7.Sundarraj 8.Natrayan 9.Baluchamy ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, forbearing the Respondent No.1 to 5 herein from drawing water from Tholukkampatti Tank situated at Melakilavarai Village to Keelakilavarai Village, Kodaikanal Taluk, Dindigul District and consequently direct the Respondents No.1 to 5 to protect and maintain the petitioners Melakilavarai Villagers exclusive and customary right to draw of water from the said Tholukkampatti Tank.

For Petitioner : Mr.J.Lawrance For Respondents 1 to 5 : Mr.G.V.Vairam Santhosh Additional Government Pleader For Respondents 6 to 8 : No appearance * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, forbearing the Respondent Nos.1 to 5 herein from drawing water from Tholukkampatti Tank situated at Melakilavarai Village to Keelakilavarai Village, Kodaikanal Taluk, Dindigul District and consequently direct the 2/4

Respondents No.1 to 5 to protect and maintain the petitioners Melakilavarai Villagers' exclusive and customary right to draw water from the said Tholukkampatti Tank.

2.

Heard Mr.J.Lawrance, learned counsel for the petitioner and Mr.G.V.Vairam Santhosh, learned Additional Government Pleader appearing for the respondents 1 to 5. 3.

Learned counsel for the petitioner submitted that subsequent to the filing of the present writ petition, a separate writ petition was filed and the same is pending before this Court in W.P. (MD) No.24107 of 2018 and the petitioner may be granted liberty to pursue the said writ petition.

4.

Recording such statement of the learned counsel for the petitioner and granting such liberty, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is also closed.

[R.M.D., J.] [J.S.N.P., J.] 19.09.2022 Internet : Yes / No Index : Yes / No sj 3/4

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Kodaikanal Taluk, Dindigul District.

3.The Tahsildar, Kodaikanal Taluk, Dindigul District.

4.The Assistant Executive Engineer, Public Works Department, (WRO), Maruthanadhi Basin Sub Division, Nilakkottai, Dindigul District.

5.The Assistant Executive Engineer, Public Works Department (WRO), Kodaikanal, Dindigul District.

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