Panchatchara Prabu. Pa v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.23122 of 2022 P.A.Panchatchara Prabhu ... Petitioner Vs.
1.The District Collector, Sivagangai, 2.The Chief Engineer, Madurai Region, Water Resource Office, Thallakulam, Madurai-625 002.
3.The Superintending Engineer, Water Resource Department, Lower Vaigai Basin Circle, Sivagangai Collectorate, 4.The Executive Engineer, Water Resource Department, Manimutharu Basin Division, Devakottai-630 303.
5.The Block Development Officer, Kallal Panchayat Union, 1/6
Karaikudi Taluk, Sivagangai - 630 305.
6.The Tahsildar, Karaikudi Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to open the Poyyalur tank Periyankundu 1st Sluice for irrigation of petitioner's land in survey No.315/1, to an extent of 5 acres 88 cents situated at Koothalur Revenue Group, Poyyalur Village Panchayat, Karaikudi Taluk, Sivagangai District till the permanent provision to be made for use of water from the Mandampatti Kanmai for the purpose of irrigation based on the representation of the petitioner dated 14.11.2022 made to the 1st respondent within a time frame fixed by this Honourable Court.
For Petitioner : Mr.VGS.Murugan For Respondents : Mr.M.Lingadurai, Spl. Government Pleader.
ORDER
Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents.
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2.The petitioner had fairly enclosed the copy of the order dated 30.11.2022 made in W.P.(MD)No.8259 of 2022. The learned Special Government Pleader points out that the prayer made in the present writ petition and the earlier writ petition are one and the same. There is one difference. The earlier writ petition was filed by the petitioner's mother. The said writ petition was dismissed after a detailed consideration on merits. The petitioner therefore has to necessarily move the Hon'ble Division Bench by way of writ appeal. No relief can be granted in this writ petition. The writ petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is closed.
02.01.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:
1.The District Collector, Sivagangai, 2.The Chief Engineer, Madurai Region, Water Resource Office, Thallakulam, Madurai-625 002.
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3.The Superintending Engineer, Water Resource Department, Lower Vaigai Basin Circle, Sivagangai Collectorate, 4.The Executive Engineer, Water Resource Department, Manimutharu Basin Division, Devakottai-630 303.
5.The Block Development Officer, Kallal Panchayat Union, Karaikudi Taluk, Sivagangai - 630 305.
6.The Tahsildar, Karaikudi Taluk, 4/6
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G.R.SWAMINATHAN, J.
ias 02.01.2023 6/6