Anbu Ganesan.T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD T.Anbu Ganesan ... Petitioner -vs1.The District Collector Dindigul District Dindigul 2.The Tahsildar Ottanchathiram Taluk Dindigul District 3.The Tahsildar Dindigul West Taluk Dindigul 4.The Block Development Officer Village Panchayat Ottanchathiram Dindigul

5.The Block Development Officer Village Panchayat Reddiar Chahiram Dindigul 6.The President Puliyamarathukottai Panchayat Ottanchathiram, Dindigul 7.The President Sullerumbu Village Panchayat Dindigul West Taluk Dindigul ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to maintain the water body / water source without any hindrance in S.Nos.853/6, 849/2, 849/7, situated in Puliyamarathukottai Village and in S.Nos.4, 7 and 272 situated in Sullerumbu Village, Dindigul District, and forbearing the sixth respondent to form any road in the water body / water source in the above said survey numbers.

For Petitioner :

Mr.Babu Rajendran For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3 Mr.S.P.Maharajan Special Government Pleader for R4 to R7

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 to 3 and Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the respondents 4 to 7.

2. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The prayer in the writ petition is for issuance of a writ of mandamus directing the respondents to maintain the water body / water source, without any hindrance, in Survey Nos.853/6, 849/2 & 849/7 of Puliyamarathukottai Village and Survey Nos.4, 7 & 272 of Sullerumbu Village, Dindigul District and forbearing the sixth respondent from laying any road in the water body / water source situated in the above said survey numbers.

4. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 4 to 7, on

instructions, submitted that there is no proposal to lay a road by the sixth respondent in the aforesaid survey numbers.

5. Learned counsel for the petitioner has not refuted the above submission of the learned Special Government Pleader.

6. Recording the above submission of the learned Special Government Pleader, the writ petition is closed. No costs. [R.M.D., J.] [J.S.N.P., J.] 22.11.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Ottanchathiram Taluk, Dindigul District.

3.The Tahsildar, Dindigul West Taluk, Dindigul.

4.The Block Development Officer, Village Panchayat, Ottanchathiram, Dindigul.

5.The Block Development Officer, Village Panchayat, Reddiar Chahiram, Dindigul.

6.The President, Puliyamarathukottai Panchayat, Ottanchathiram, Dindigul.

7.The President, Sullerumbu Village Panchayat, Dindigul West Taluk, Dindigul.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 22.11.2022