Padmini vs The District Collector
2021 Latest Caselaw 5386 Mad

                                                                           W.A.(MD)No.464 of 2021


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 01.03.2021
                                                       CORAM:
                              THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                                            AND
                                THE HONOURABLE MRS. JUSTICE S.ANANTHI

                                              W.A.(MD)No.464 of 2021 and
                                              CMP(MD) No.1959 of 2021

                      Padmini                                               :Appellant
                                                            Vs.
                      1.The District Collector,
                        Thanjavur District,
                        Thanjavur.

                      2.The Planning Officer,
                        Office of the District Collector,
                        Thanjavur District, Thanjavur.

                      3.The Tahsildar,
                        Orathanadu Taluk
                        Thanjavur District.

                      4.The Assistant Executive Engineer,
                        Public Works department (Buildings)
                        Pattukottai, Thanjavur District.

                      5.The Block Development Officer,
                        Office of the BDO
                        Thiruvonam
                        Thanjavur District.

                      1/5

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                                                                              W.A.(MD)No.464 of 2021


                      6.K.Bhaskar                                               : Respondents


                      PRAYER: Appeal filed under Clause 15 of the Letters Patent against the

                      order of this Court in W.P.(MD) No.7433/2020 dated 25.01.2021.

                                    For Appellant            : Mr.G.Thiruvarutselvan

                                    For Respondents          : Mr.K.P.Krishnadoss for R1 to R5
                                                       Special Government Pleader


                                                      JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.)

The appellant is the petitioner before the learned single Judge. He

filed a writ of Mandamus forbearing the respondents from putting up a

bus shelter on the ground that the area is earmarked as a water body.

2. The learned Judge, after holding that the construction was in a

water body, permitted the construction to go on, since substantial work

has already been done and no more construction would be made over the

same. The learned Judge also recorded the fact that access to the

petitioner's Tea Stall would not be affected.

http://www.judis.nic.in W.A.(MD)No.464 of 2021

3. The learned counsel for the appellant submitted that the land in

question being a water body, the order of the learned single Judge

requires to be interfered with.

4. We do not find any reason to interfere with the order of the

learned Single Judge. Admittedly, substantial work has already been

completed. It is not as if the entire area is converted into a bus shelter.

The access to the petitioner's Tea stall is also assured. The petitioner's

real interest is not to protect the water body, but to safeguard the access.

His interest is only to run the Tea Stall. The construction is only for a

bus shelter. Thus, looking from any perspective, we do not find any

merit in this writ appeal. Accordingly, the writ appeal stands dismissed.

No costs. Consequently connected Miscellaneous Petition is closed.

[M.M.S., J.] & [S.A.I, J.] 01.03.2021 Index : Yes/No Internet : Yes RR

http://www.judis.nic.in W.A.(MD)No.464 of 2021

To

1.The District Collector, Thanjavur District, Thanjavur.

2.The Planning Officer, Office of the District Collector, Thanjavur District, Thanjavur.

3.The Tahsildar, Orathanadu Taluk Thanjavur District.

4.The Assistant Executive Engineer, Public Works department (Buildings) Pattukottai, Thanjavur District.

5.The Block Development Officer, Office of the BDO Thiruvonam Thanjavur District.

http://www.judis.nic.in W.A.(MD)No.464 of 2021

M.M.SUNDRESH, J AND S.ANANTHI, J

RR

Order made in W.A.(MD)No.464 of 2021

01.03.2021

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