Madras High CourtWP(MD)/10525/2013disposed of

R. Manickavasagam v. The District Collector

2017-07-05Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.10525 of 2013 and M.P.(MD)No.1 of 2013 R.Manickavasagam ... Petitioner Vs.

1. The District Collector, Karur District, Karur.

2. The Revenue Divisional Officer, Kulithalai, Karur District.

3. The Tahsildar, Kadavur at Tharagampatti, Karur District.

4. The Block Development Officer, Tharagampatti Union, Kadavur Taluk, Karur District.

5. The President, Sembiyanatham Panchayat, Kadavur Taluk, Karur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from creating any pond in the agricultural lands situated in S.F.No.1052 at Sembiyanatham Village, Kulithalai Taluk now at Kadavur Taluk, Karur District.

For petitioner : Mr.R.Gokul.

For R1 to R3 : Mr.M.Govindan, Special Government Pleader .

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner has filed this writ petition to restrain the respondents from creating any pond in the agricultural lands situated in S.F.No.1052 at Sembiyanatham Village, Kulithalai Taluk.

https://hcservices.ecourts.gov.in/hcservices/

2.According to the petitioner, he has already obtained a decree in O.S.No.21 of 2005 on the file of District Munsif Court, Kulithalai for interim injunction restraining the fifth respondent from disturbing possession.

3.In case, the petitioner is armed with the decree granted by the trial Court, it is always open to him to execute the same. There is no question of issuing a writ in the nature of a writ of mandamus forbearing the respondents from creating any pond in the property.

4.In the result, the writ petition is dismissed. No costs. Consequently, connected Miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Karur District, Karur.

2. The Revenue Divisional Officer, Kulithalai, Karur District.

3. The Tahsildar, Kadavur at Tharagampatti, Karur District.

4. The Block Development Officer, Tharagampatti Union, Kadavur Taluk, Karur District.

5. The President, Sembiyanatham Panchayat, Kadavur Taluk, Karur District.

+1cc to M/S. K.GOKUL, Advocate, SR.No.64111.

ORDER MADE IN W.P(MD)No.10525 of 2013 and M.P.(MD)No.1 of 2013 05.07.2017 https://hcservices.ecourts.gov.in/hcservices/ rj2/psd SDS/MR:KKR/SAR 1/19.07.2017/2P/6C