A.K.Kannan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.18602 of 2023 A.K.Kannan ... Petitioner Vs.

1.The District Collector, Madurai District, 2.The Assistant Executive Engineer, Public Works Department, Tallakulam, Madurai District.

3.The Superintending Engineer, Periyar Vaigai Basin Division, Public Works Department, 4.The Tahsildar, Madurai South, Madurai District.

... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the fourth respondent from removing the pipes laid along the water channel in front of the petitioner's patta lands in S.No. 486/1A1, 486/1B2, 486/1C2 situated in Avaniapuram Village, Madurai South Taluk, Madurai District.

For Petitioner : Mr.K.Jeyamohan For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2. The petitioner had put up three cement pipes on a water body so that he can access his patta lands from the main road. The said pipes had been installed without getting permission from the concerned authorities. The petitioner was therefore called upon to remove the same. Realising the situation, the petitioner approached the Executive Engineer, Periyar Vaigai Basin Division, Public Works Department, Madurai and obtained permission on 14.07.2023 for putting up a bridge.

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3. The learned Special Government Pleader appearing for the respondents pointed out that as per the terms of permission granted to the petitioner, he can put up the bridge at only one place.

4. The learned counsel appearing for the petitioner states that he may require few months time to complete the construction. We grant the petitioner four months from today (15.09.2023) to complete the construction of bridge as permitted vide communication dated 14.07.2023. The petitioner can retain the existing pipes till then. On the expiry of four months period from today, all the three pipes shall be removed.

5. This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 14.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Madurai District, 3/5

2.The Assistant Executive Engineer, Public Works Department, Tallakulam, Madurai District.

3.The Superintending Engineer, Periyar Vaigai Basin Division, Public Works Department, 4.The Tahsildar, Madurai South, Madurai District.

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

MGA and W.M.P(MD)No.18602 of 2023 14.09.2023 5/5