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Madras High CourtWP(MD)/5952/2011disposed of

R.Madhanavalli v. The District Collector

2016-08-26Honourable Mr Justice K.K. Sasidharan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.5952 of 2011 and M.P.(MD).No.1 of 2011 R.Madhanavalli : PETITIONER Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Tashildar, Taluk Office, Kumbakonam, 3.The Executive Engineer, Kaveri Land Reservoir Division, Public Works Department, 4.The Assistant Engineer, Office of the Public Works Department, Kaveri Irrigation Section, Kumbakonam Taluk, 5.Elangovan : RESPONDENTS Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondents 1 to 4 to take action against the fifth respondent and his men based on the representation dated 17.09.2010 of the petitioner as well as legal notice dated 19.10.2010, 30.03.2011 and consider the same by removing the obstruction made in the Government Madhagu which is situate in the channel in accordance with law.

For Petitioner : Mr.S.Siva Thilakar For R.1 to 4 : Mr.M.Murugan Government Advocate

ORDER

The petitioner filed this Writ Petition to direct the respondents 1 to 4 to take action against the fifth respondent on account of his obstruction in the canal.

2.

The fourth respondent filed a counter affidavit stating that the obstruction has already been removed. 3.

In view of the above, nothing survives for adjudication. It is always open to the petitioner to approach the official respondents 1 to 4, in case, still there is an obstruction at the instance of the fifth respondent or neighbouring land owners. In case, any representation is given, the same shall be considered and appropriate action shall be initiated by the concerned respondents.

4.

This Writ Petition is disposed of, with the above observation. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Tashildar, Taluk Office, Kumbakonam, 3.The Executive Engineer, Kaveri Land Reservoir Division, Public Works Department,

4.The Assistant Engineer, Office of the Public Works Department, Kaveri Irrigation Section, Kumbakonam Taluk, +1cc to Mr.S.Siva Thilakar, Advocate SR.No.47437/16 ssm sm:PV:30/09/2016:3P/6C W.P.(MD)No.5952 of 2011 & M.P.(MD).No.1 of 2011 26.08.2016