Shanmugasundaram.N.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.28415 of 2022 and W.M.P.(MD)No.22438 of 2022 N.K.Shanmugasundaram ... Petitioner Vs.

1.The District Collector, Madurai District, 2.The Chief Engineer, Water Resource Organization, PWD Complex, Thallakulam, Alagarkovil Road, 3.The Senior Superintend Engineer, Water Resource Oraganization, (Public Works Department), Alagarkovil Road, Madurai.

4.The Assistant Director, Rural Development Department, Madurai West Region, Chinna Chokkikulam, Alagarkovil Road, 1/5

5.The Executive Engineer, Public Works Department, Melur, Madurai.

6.J.Salamon Krishdudoss 7.The Block Development Officer, Block Development Office, Madurai West Division, 8.The President, Alathur Panchayat, Alathur, Thirumalpuram Post, 9.The President, Chettiukulam Panchayat, Thirumalpuram Post, Umatchikulam, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the 9th respondent from constructing toilet upon the water body namely PWD channel under S.No. 13, Alathur Village, Madurai North Taluk, Madurai, adjacent to the petitioners property under S.No.11/2, Alathur Village, Madurai North Taluk by blocking the access to the petitioner's property and further direct the 6th respondent to grant permission to construct a bridge upon the above said PWD channel to access the above said petitioner's property.

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For Petitioner : Mr.K.R.Laxman For Respondents : Mr.M.Lingadurai Special Government Pleader for R1 to R5 & R7 to R9

ORDER

Heard the learned counsel on either side.

2. When the matter was taken up for hearing, the learned Special Government Pleader, on instruction, submitted that there is no proposal to construct any toilet on the water body in question. It is further stated that the proceedings have been issued to the jurisdictional Block Development Officer not to construct any toilet on the water body.

3. Recording the said submission, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 21.12.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Madurai District, 3/5

2.The Chief Engineer, Water Resource Organization, PWD Complex, Thallakulam, Alagarkovil Road, 3.The Senior Superintend Engineer, Water Resource Oraganization, (Public Works Department), Alagarkovil Road, Madurai.

4.The Assistant Director, Rural Development Department, Madurai West Region, Chinna Chokkikulam, Alagarkovil Road, 5.The Executive Engineer, Public Works Department, Melur, Madurai.

6.The Block Development Officer, Block Development Office, Madurai West Division, 7.The President, Alathur Panchayat, Alathur, Thirumalpuram Post, 8.The President, Chettiukulam Panchayat, Thirumalpuram Post, Umatchikulam, Madurai District.

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G.R.SWAMINATHAN, J.

rmi W.P(MD)No.28415 of 2022 21.12.2022 5/5