The petition sought a writ of mandamus to prevent the removal of illegally laid water pipelines. The court observed the petitioner failed to obtain prior permission for the pipelines and dismissed the writ petition.
Writ of mandamus for forbearing removal of unauthorized pipelines was denied.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.32288 of 2013 and M.P.No.1 of 2013
K.Thangavel ...Petitioner
Vs.
1.The Tahsildar,
Sulur Taluk,
Coimbatore District.
2.The President,
Poorandampalayam Village Panchayat,
Poorandampalayam,
Sulur Taluk,
Coimbatore District. ...Respondents
Petition filed under Article 226 of the Constitution of
India for issuing a writ of mandamus forbearing the respondents
from removing the pipelines laid down by the petitioner in the
petitioner's one land to another land situated in S.Nos.229/3
and 250/1 at Poorandampalayam Village, Sulur Taluk, Coimbatore
District.
For Petitioner : Mrs.R.Hemalatha
for Mr.C.Prakasam
For Respondents : Ms.A.Madhumathi,
Special Government Pleader (R1)
Mr.E.M.S.Natarajan (R2)
O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of Mandamus forbearing the respondents from removing the pipelines laid down by the petitioner in his land to draw water from one land to another land situated in S.Nos.229/3 and 250/1 at Poorandampalayam Village, Sulur Taluk, Coimbatore District.
2.It is the case of the petitioner that he laid the pipeline and drawing water from the Well in his land in S.No.229/3 to another land in S.No.250/1. The 2nd respondent, by his letter dated 23.10.2013, called upon the petitioner to remove the pipeline stating that he had laid the pipeline illegal without obtaining permission from the authorities.
3.The petitioner is not in a position to show that he obtained permission from the 1st respondent before laying the pipeline and therefore, the pipelines laid by the petitioner can only be considered as an illegal act done by him without obtaining any permission from the authority.
4.Ms.A.Madhumathi, learned Special Government Pleader appearing for the 1st respondent also submitted that the petitioner had not obtained any permission from the 1st respondent for laying the pipeline.
5.Since the petitioner had laid the pipeline without obtaining any permission from the authorities, the prayer sought for in the Writ Petition cannot be granted. Accordingly, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
va
To
1.The Tahsildar,
Sulur Taluk,
Coimbatore District.
2.The President,
Poorandampalayam Village Panchayat,
Poorandampalayam,
Sulur Taluk,
Coimbatore District.
+1cc to the Government Pleader, S.R.No.27417
W.P.No.32288 of 2013 and M.P.No.1 of 2013 AJS(CO) KKV/28/08/2020
1 issue framed by the court
Whether the petitioner is entitled to a writ of mandamus to forbid the removal of pipelines laid without permission.
1 provisions across 1 enactments
K. Thangavel
The Tahsildar, Sulur Taluk, Coimbatore District
The President, Poorandampalayam Village Panchayat
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
