Writ petition challenging overhead tank construction on public property. Court rejected petitioner's objection that it obstructs public access, citing prior local body resolution for drinking water facility.
No costs. Connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.06.2017
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
W.P.No.37503 of 2016 and W.M.P.No.32136 of 2016
Adhi. Senthilkumar ... Petitioner
Vs.
1.The District Collector
Office of the District Collector
Villupuram
Villupuram District.
2.The Commissioner
.
Tindivanam Municipality
Tindivanam
Villupuram District.
3.The Municipal Chairman
Tindivanam Municipality
Villupuram District.
4.The Municipal Councilor
20 th Ward
Tindivanam Municipality
Villupuram District. ... Respondents
Prayer : This Writ Petition is filed under Article 226, of Constitution of India praying to issue a Writ of Mandamus to direct the 1st and 2nd respondents to discontinue the excavation work obstructing the common path way by the 4th respondent in Survey No.86/21F,21H,21L in Town Survey No.7/10C3A, extending to 00206 square meter and Old Survey No.86/10, Town Survey No.7/24A1 extending to 00228 square meter pertaining to the Tindivanam Municipality.
For Petitioner : Mr.P.G.PERUMAL PANDIAN
For Respondents : Mr.S.DIWAKAR,
Special Govt. pleader (for R1) Mr.V.Vinoth Kumar (for R2) No appearance for R3 & R4
ORDER
The petitioner objects to the construction of the over head tank on the ground that it obstructs the Public. In the counter affidavit filed it has been stated that the said contention is factually incorrect.
Accordingly, the Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
tkp/raa
To
1.The District Collector
Office of the District Collector
Villupuram
Villupuram District.
2.The Commissioner
Tindivanam Municipality
Tindivanam
Villupuram District.
3.The Municipal Chairman
Tindivanam Municipality
Villupuram District.
4.The Municipal Councilor
20 th Ward
Tindivanam Municipality
Villupuram District.
+1cc to the Government Pleader Sr.40746
W.P.No.37503 of 2016
svi[co]
srg 19/06/2017
1 issue framed by the court
Whether the construction of an overhead tank on public property justifying rejection of objections to construction claims an extraneous purpose.
Adhi. Senthilkumar
The District Collector
The Commissioner, Tindivanam Municipality
The Municipal Chairman, Tindivanam Municipality
The Municipal Councilor, 20th Ward
M.M.Sundresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
