Madras High CourtWP(MD)/24079/2023disposed of

Chinnapandi v. The District Collector

2023-10-05Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.20239 of 2023 Chinnapandi ... Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Project Director, Rural Development Office, Sivagangai, 3.The Executive Engineer, Public Works Department (Water Resources), Thiruppuvanam, 4.The Block Development Officer, Village Panchayats, Thiruppuvanam Taluk, ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 4 herein from in any manner constructing the small bridge in the Kalvai situated at Paramanoor Village, Thiruppuvanam Taluk, Sivagangai District in the light of the proceedings issued by the first respondent dated 15.04.2023 in his proceedings in Na.Ka.D.A.4/1027/2021 by considering petitioner's representation dated 19.08.2023.

For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents.

2. The petitioner wants this Court to forbear the authorities from putting up the petition mentioned bridge. The case of the petitioner is that the bridge is not being constructed at the originally permitted site. He said there is a deviation. He would further allege that as a result of the construction, the water channel will be affected.

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3. Both the allegations are denied by the official respondents. The learned Special Government Pleader on instructions from Thiru.S.Chandrasekar, Panchayat Secretary, Piramanur Village Panchayat, states that the bridge is coming up only at the permitted cite.

4. This submission is recorded. Even while permitting the proposed construction to go on, we direct that the width of the water channel shall not be reduced; the free flow of water shall not be impeded. With these directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 05.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Office of the District Collector, 2.The Project Director, Rural Development Office, Sivagangai, 3/4

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

MGA 3.The Executive Engineer, Public Works Department (Water Resources), Thiruppuvanam, 4.The Block Development Officer, Village Panchayats, Thiruppuvanam Taluk, and W.M.P(MD)No.20239 of 2023 05.10.2023 4/4