Dismissed

Sooriyakala, v. the District Collector

Madras HC7 Jul 2015WP(MD)/15470/2013

Case brief

AI extract

What is this about?

The Court dismissed WP(MD) No.15470 of 2013 as infructuous after noting electricity was already granted. WP No.9805 of 2014 seeking removal of a borewell affecting a common well was disposed of, directing parties to pursue remedies in a pending civil suit.

What did the court decide?

WP No.15470/2013 dismissed as infructuous. WP No.9805/2014 disposed of with direction to approach civil court.

Sooriyakala, Vs the District Collector — Property and Title | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :07.07.2015

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CORAM

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN

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W.P(MD).Nos.15470 of 2013 and 9805 of 2014 and M.P.(MD).No.1 of 2013 **** Sooriyakala ... Petitioner in both WPs

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1.The District Collector, Madurai District, Madurai.

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2.The Superintending Engineer, Tamil Nadu Electricity Board, Madurai Division, Madurai.

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3.The Assistant Engineer, Tamil Nadu Electricity Board, (Operation and Maintenance) Usilampatti, Madurai District.

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4.RamAthevar

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... Respondents in both WPS

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W.P.(MD).No.15470 of 2013: This Writ Petition has been filed praying for a Writ of Mandamus forbearing the 3rd Respondent from giving agricultural electricity connection to the 4th Respondent's bore-well situated in S.F.No.170/1C of Pappinayakkanpatti Village and consequently direct the 3rd respondent to follow the guidelines in maintaining a distance before giving service connection vide G.O.Ms.no.281 dated 03.04.1996 and Annexure-II of G.O. Ms.No.52 dated 02.03.2012.

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W.P.(MD).No.9805 of 2014: This Writ Petition has been filed praying for a Writ of Mandamus directing the first respondent to consider the petitioners representation dated 12.04.2014 requesting the 1^st Respsondent to remove the borewell dug by the fourth respondent in S.F.No.170/1C, Pappinayakkanpatti Village, Madurai, within the time limit fixed by this Hon'ble Court.

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For petitioner : Mr.T.Vadivelan (W.P.(MD).No.15470 of 2013) For petitioner : M/s.P.T.S.Narendra Vasan (W.P.(MD).No.9805 of 2014)

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For R.1 : Mr.S.Chandrasekar https://hcservices.ecourts.gov.in/hcservices/ Govt.Advocate in both Wps For R.2 and 3 : Mr.S.M.S.Johnny Basha Standing counsel for TNEB in both Wps

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

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For R.4

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: Mr.R.S.T.Ravanan @ Mr.Ramasubramanian in both Wps

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********* ORDER**

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Though the prayer in W.P.(MD).No.15470 of 2013 for a Writ of Mandamus forbearing the 3rd Respondent from giving agricultural electricity connection to the fourth respondent herein, at the time of hearing, it is brought to the notice of this Court that already, electricity connection was given to the fourth respondent. The said submission is not refuted by the learned Counsel for the petitioner. Therefore, W.P.(MD).No.15470 of 2013 has become infrutuous. Accordingly, the same is dismissed as infrutuous.

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As far as Writ Petition in W.P.(MD).No.9805 of 2014 is concerned, the petitioner alleges that the property in S.No.170/2 belongs to the petitioner, in which, there is a common well available. From the said common well, the petitioner as well as the fourth respondent were drawing water for the agricultural purposes. While so, now the fourth respondent has put up a separate borewell near S.No.170/2 and drawing water from it, resulting the common well becomes dry. In this connection, the petitioner has made a detailed representation dated 12.04.2014 to the respondents . Since the said representation did not evoke any response, the petitioner has come up before this Court directing the first respondent to remove the borewell dug by the fourth respondent herein.

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I have heard the submissions of the petitioner as well as the fourth respondent. Notice was ordered on 20.06.2014 and no counter affidavit has been filed by the official respondents.

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Be that as it may. On the face of it, there are lot of disputed questions of facts involved in it. This Court under Article 226 of the Constitution of India cannot go into all those aspects. Even in the representation dated 12.04.2014, there is a suit referred to in O.S.No.100 of 2010 pending on the file of the District Munsif Court, Thirumangalam. Therefore, parallel remedy cannot be availed by the petitioner herein. It is open to the petitioner as well as the third respondent to agitate upon their rights in the suit pending before the District Munsif Court, Thirumangalam and get appropriate orders, in the manner known to law.

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With the above observation, the W.P.(MD).No. 9805 of 2014 stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/-

Assistant Registrar

/True Copy/

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

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Sub Assistant Registrar

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The District Munsif, Thirumangalam.

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2.The District Collector,

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Madurai District, Madurai.

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3.The Superintending Engineer,

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Tamil Nadu Electricity Board, Madurai Division, Madurai.

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4.The Assistant Engineer, Tamil Nadu Electricity Board, (Operation and Maintenance)

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Usilampatti, Madurai District.

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+1cc to Special Government Pleader in SR.No. 37094.

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+1cc to M/S.R.S.T.Ravanan @ Mr.Ramasubramanian, Advocate in SR.No 36755

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+1cc to M/S.P.T.S.Narendra Vasan, Advocate in SR.No 37382

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TS/22.07.2015/3P - 8C

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W.P(MD).Nos.15470 of 2013 and 9805 of 2014

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07.07.2015

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

Sooriyakala, v. the District Collector

Case brief

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Sooriyakala, v. the District Collector

Case brief

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