Madras High CourtWP(MD)/21761/2023disposed of

Gurunathan v. The District Collector

2023-09-07Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI E.Gurunathan ... Petitioner Vs.

1.The District Collector, Tirunelveli District.

2.The Sub Collector, Rural Development Department, Kokkirakulam, Tirunelveli - 627 009.

3.The Tahsildhar, Palayamkottai, Tirunelveli.

4.The Executive Engineer (PWD), Public Work Department, Near by Railway Station, Palayamkottai, Tirunelveli - 627 002.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents not to put up a wall inside of the Melaputhaneri Water canal situated at Melaputhaneri, Palayamkottai, Tirunelveli and to remove the wall already put up on the said cancel based on the petitioner's representation dated 18.07.2023.

For Petitioner : Mr.S.M.Mohan Gandhi For Respondents : Mr.Mr.K.Balasubramani, Spl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The grievance of the petitioner is that on account of the respondents' proposal to erect wall inside the petition mentioned water body, its dimensions will suffer reduction.

3.When the matter was taken up for hearing, the learned Special Government Pleader on instructions clarified that the dimensions of the 2/4

water body including width will not suffer any adverse impact and that the proposed construction will be so made as to ensure that the original dimensions remain intact.

4.Recording the undertaking of the respondents, this writ petition is disposed of. No costs.

(G.R.S.J.,) & (B.P.J.,) 07.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Tirunelveli District.

2.The Sub Collector, Rural Development Department, Kokkirakulam, Tirunelveli - 627 009.

3.The Tahsildhar, Palayamkottai, Tirunelveli.

4.The Executive Engineer (PWD), Public Work Department, Near by Railway Station, Palayamkottai, Tirunelveli - 627 002.

3/4

G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 07.09.2023 4/4