The Madras High Court disposed of this writ petition filed to prevent the closure or damage of a water body. The court was informed that the work aimed to strengthen bunds. It restrained respondents from any construction affecting the running of water.
Respondents restrained from putting up any construction affecting the running of water.
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 : 30.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD) No.15339 of 2018 and W.M.P.(MD) No.13836 of 2018
Ramasamy
... Petitioner
-vs-
1.The District Collector, Dindigul, Dindigul District. 2.The Commissioner, Oddanchathram Municipality, Dindigul District. 3.The Thasildar, Oddanchathram Taluk, Dindigul District. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents from in any way closing the "Puthur Periya Odai" at Survey No.519 of Oddanchathram Village or in any manner damaging the water body by considering the representation of the petitioner dated 03.07.2018 within a stipulated time that may be fixed by this Hon'ble Court.
For Petitioner : Mr.S.C.Herold Singh For 1st Respondent : Mr.K.Saravanan Government Advocate For 2nd Respondent : Mr.J.Parekhkumar Standing Counsel
O R D E R
(Order of the Court was made by M.M.SUNDRESH, J.)
This Writ Petition has been filed by the petitioner with the apprehension that in the guise of strengthening the bunds, the water body is being obliterated.
2.The learned Standing Counsel for the second respondent produced photographs to strengthen his submission that what is done
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is to strengthen the bunds and therefore, the intention is only to prevent the free flow of water without any obstruction or obliteration.
3.Recording the above said submission of the learned Standing Counsel for the second respondent, this Writ Petition is disposed of. It is made clear that the respondents at any point of time shall not put up any construction affecting the running of the water. Consequently connected Miscellaneous Petition is closed. No costs.
Sd/Assistant Registrar(CS-III) /True Copy/
Sub Assistant Registrar
sj To
1.The District Collector, Dindigul, Dindigul District.
2.The Tahsildar, Oddanchathram Taluk, Dindigul District.
+1cc to Mr.P.Srinivas, Advocate in SR No.81213 +1cc to Mr.S.C.Herold singh, Advocate in SR No.81227 +1cc to Spl Government Pleader SR No.81324
W.P.(MD) No.15339 of 2018
NM/SV/SAR 4/26.09.2018/2P/6C
2 issues framed by the court
Whether to restrain respondents from closing or damaging the water body.
Whether to direct respondents to refrain from construction affecting water flow.
1 provisions across 1 enactments
Ramasamy
District Collector, Dindigul
Commissioner, Oddanchathram Municipality
Thasildar, Oddanchathram Taluk
M.M. Sundresh
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
