The Madurai Bench of Madras High Court dismissed a writ petition seeking directions to extend an irrigation channel through private lands, holding it pertains to disputed facts for civil courts.
The writ petition was dismissed with liberty to approach the competent civil court.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2017 CORAM THE HONOURABLE MR.JUSTICE K.RAVICHANDRA BAABU W.P(MD)No. 1516 of 2015
C.V. Ponnaiah .. Petitioner
vs.
Madurai District,Madurai.
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the second respondent to restore the irrigation to petitioner's Ayakattu land in S.F. No. 87/1 to 5 Chinnapatty Village by restoring the obliterated portion of irrigation channel in S.F. No. 84, Chinnapatty Village, Melur Division, Madurai North Taluk, Madurai District by fixing field bothie and pipe across the odai.
For Petitioner : Mr. PT.S. Narendra Vasan For Respondents : Mr. T.S. Mohammed Mohideen
Additional Government Pleader
O R D E R
The petitioner seeks for a direction to the second respondent to restore the irrigation to petitioner's Ayakattu land in S.F. No. 87/1 to 5 Chinnapatty Village by restoring the obliterated portion of irrigation channel in S.F. No. 84, Chinnapatty Village, Melur Division, Madurai North Taluk, Madurai District.
2.After notice, the third respondent filed a counter affidavit.
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properties belonging to some private parties.
Sd/-
Assistant Registrar(CS-I)
/True Copy/
Sub Assistant Registrar
To,
+1CC to M/S.P.T.S.Narendravasan, Advocate, SR.No. 754 +1CC to the Special Government Pleader, SR.No. 816
CM
MSK/MM/25.01.2017/2P-6C
W.P(MD)No. 1516 of 2015
04.01.2017
1 issue framed by the court
Whether a direction to extend an existing irrigation channel through private lands can be granted in a writ petition without involving disputed questions of fact.
1 provisions across 1 enactments
C.V. Ponnaiah
Secretary to Government, Revenue Department
District Collector, Madurai District
Chief Executive Engineer, Public Works Department
K.Ravichandra Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
