Madras High Court
A. Palanivelu vs The District Collector on 4 January, 2024
Author: S. Vaidyanathan
Bench: S. Vaidyanathan
W.P. No. 6934 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2024
CORAM
THE HON'BLE MR.JUSTICE S. VAIDYANATHAN
AND
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.P. No. 6934 of 2020
&
W.M.P.No. 8276 of 2020
A. Palanivelu ..Petitioner
Vs.
1. The District Collector,
Namakkal District,
Collectorate,
Tiruchengode Road,
Namakkal.
2. The Revenue Divisional Officer,
R.D.O. Office, Velur Road,
Tiruchengode.
3. The Tahsildar,
Taluk Office, Velur Road,
Tiruchengode.
4. The Block Development Officer,
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W.P. No. 6934 of 2020
Union Office,
Rasipuram Main Road,
Elachipalayam,
Tiruchengode Taluk,
Namakkal District.
5. The President,
Mandagapalayam Panchayat,
Mandagapalayam, Taluk,
Namakkal District. ..Respondents
Prayer: Petition under Article 226 of the Constitution of India praying
for issue of a Writ of Mandamus restraining the respondents from laying
Thar Road by encroaching upon the Neer Odai Itteri running in S.No. 16/2
situated at Kumaramangalam Village, Tiruchengode Taluk, Namakkal
District thereby obstructing free flow of water in the said Itteri.
For Petitioner :: Mr.T.L. Thirumalaisamy
For Respondents :: Mr.J. Ravindran,
Addl. Advocate General
assisted by
Mr.A. Selvendran,
Special Govt. Pleader for
R1 to R4
Mr.S. Arthanareeswaran
for R5
ORDER
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(Made by S. Vaidyanathan,J.)
The writ petition is filed for issue of a Writ of Mandamus restraining
the respondents from laying Thar Road by encroaching upon the Neer Odai
Itteri running in S.No. 16/2 situated at Kumaramangalam Village,
Tiruchengode Taluk, Namakkal District thereby obstructing free flow of
water in the said Itteri.
2. The grievance of the petitioner is that respondents 2 to 4 are
attempting to lay a thar road by encroaching upon the Neer Odai Itteri
running in S.No. 16/2 situated at Kumaramangalam Village, Tiruchengode
Taluk, Namakkal District, which would result in obstruction of free flow of
water through the Odai thereby affecting the cultivation of petitioner's lands
as well as other adjacent agricultural lands.
3. When the matter is taken up for hearing, it is submitted on
behalf of the petitioner that the petitioner has no objection in the
Government laying Thar Road. However, while laying the road, the
authorities may ensure that Neer Odai Itteri running in S.No. 16/2 situated
at Kumaramangalam Village, Tiruchengode Taluk, Namakkal District is not
affected in any manner and that there is free flow of water in the said Itteri.
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4. Mr.J. Ravindran, learned Additional Advocate General assisted
by Mr.A. Selvendran, learned Special Government Pleader would submit
that the Government will ensure that there is free flow of water through the
said Odai in the event of laying of Thar road.
5. The submission of the learned Additional Advocate General is
hereby recorded. The principle laid down by a Full Bench of this Court in
W.P. No. 1294 of 2009 (T.K. Shanmugam V. The State of Tamil Nadu
and others) by judgment dated 30.10.2015 reported in
Manu/TN/3451/2015 shall be followed by the authorities in letter and spirit.
6. The writ petition stands closed with the above direction. No
costs. Connected W.M.P. is closed.
(S.V.N.J.) )K.R.S.J)
nv 04.01.2024
To
1. The District Collector,
Namakkal District,
Collectorate,
Tiruchengode Road,
Namakkal.
2. The Revenue Divisional Officer,
R.D.O. Office, Velur Road,
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Tiruchengode.
3. The Tahsildar,
Taluk Office, Velur Road,
Tiruchengode..
4. The Block Development Officer,
Union Office,
Rasipuram Main Road,
Elachipalayam,
Tiruchengode Taluk,
Namakkal District.
5. The President,
Mandagapalayam Panchayat,
Mandagapalayam,
Tiruchengode Taluk,
Namakkal District.
S. VAIDYANATHAN,J.
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AND
K. RAJASEKAR,J.
nv
04.01.2024
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