Dismissed

Vishva Bharathi G v. The District Collector

Madras HC31 Oct 2022WP(MD)/24647/2022

Case brief

AI extract

What is this about?

The Madras High Court disposed of a writ petition by directing the District Collector and Superintending Engineer to consider the petitioner's representation regarding obstructions to agricultural land access and water channel passages within eight weeks.

What did the court decide?

Direction to respondents 1 and 2 to consider the petitioner's representation dated 10.10.2022 and pass appropriate orders on merits within 8 weeks.

Vishva Bharathi G Vs The District Collector — Land Acquisition | Madras HC (2022)

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W.P.(MD)No.24647 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 31.10.2022

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CORAM

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

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W.P(MD)No.24647 of 2022 and W.M.P.(MD) No.18748 of 2022

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Dr.G.Visva Bharathi, Represented through his Power Agent, M.Murugan S/o. Maharajan, N.S.V.Pannai, Kattapulinagar, Samayanallur Post, Madurai – 625 402.

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... Petitioner

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Vs.

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1.The District Collector, District Collector Office, Madurai District, Madurai.

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2.The Superintending Engineer, National Highways, No.5, Besant Road, China Chokikulam,

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Madurai – 625 002.

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3.Executive Engineer,

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PWD, Water Resource Division, Periyar Vaigai Drainage Division, Madurai – 2.

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4.Assistant Engineer,

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PWD, Water Resource Division, Periyar Vaigai Drainage Division, Madurai – 2.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.24647 of 2022

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5.S.Vijayan

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... Respondents

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Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the 2^nd Respondent to take appropriate action to remove all obstructions to the access of petitioner for ingress and egress to reach the petitioner's principal's land to carryout agriculture operation and also restore the Water Channel passage to its original position intended for the agriculture operation in Survey No.119/3B3, 119/7, 119/13, and 119/4B, Thenur 1^st bit village, Madurai North Taluk, Madurai District.

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For Petitioner : Mr.K.Muraleedharan For Respondents 1 to 4 : Mr.G.V.Vairam Santhosh Additional Government Pleader * * *

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O R D E R

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(Order of the Court was made by R.MAHADEVAN, J. )

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The petitioner has come forward with this writ petition praying to issue a writ of mandamus, directing the 2^nd respondent to take appropriate action to remove all obstructions made to the ingress and egress of his principal's land to carryout agriculture operations and also to restore the Water Channel passage, intended for the agriculture operation in Survey No.119/3B3, 119/7, 119/13, and 119/4B, Thenur 1^st bit village, Madurai North Taluk, Madurai District, to its original position.

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W.P.(MD)No.24647 of 2022

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Heard Mr.K.Muraleedharan, learned counsel for the petitioner and Mr.G.V.Vairam Santhosh, learned Additional Government Pleader, who accepts notice on behalf of the respondent 1 to 4. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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Having regard to the nature of the order proposed to be passed in this writ petition, notice to the 5^th respondent is dispensed with.

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Alleging that the 5^th respondent has obstructed the petitioner's ingress and egress from all points to his principal's land and also to the main road by dumbing waste stones and waste bitumen and also obliterated the PWD water channel, through which petitioner's agricultural operations are being carried out, the petitioner submitted a representation to the respondents 1 and 2 on 10.10.2022, and the same, according to the learned counsel for the petitioner, remains as such. Hence, the Writ Petition.

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Learned counsel for the petitioner would further

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submit that though the petitioner has sought for a larger relief, he

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W.P.(MD)No.24647 of 2022

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would be satisfied, if a direction is issued to the respondents 1 and 2 to dispose of his representation dated 10.10.2022, within a time frame.

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Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner, either in the representation or in the affidavit filed in support of the Writ Petition, this Writ Petition is disposed of with a direction to the respondents 1 and 2 to consider the representation of the petitioner dated 10.10.2022 and pass appropriate orders on merits and in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

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Internet : Yes / No Index : Yes / No sj

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W.P.(MD)No.24647 of 2022

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1.The District Collector, District Collector Office, Madurai District, Madurai.

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2.The Superintending Engineer, National Highways, No.5, Besant Road, China Chokikulam, Madurai – 625 002.

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3.Executive Engineer, PWD, Water Resource Division, Periyar Vaigai Drainage Division, Madurai – 2.

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4.Assistant Engineer,

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PWD, Water Resource Division, Periyar Vaigai Drainage Division, Madurai – 2.

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W.P.(MD)No.24647 of 2022

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R.MAHADEVAN, J.

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and J.SATHYA NARAYANA PRASAD, J.

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W.P(MD)No.24647 of 2022

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31.10.2022

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Vishva Bharathi G v. The District Collector

Case brief

What is this about?

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Vishva Bharathi G v. The District Collector

Case brief

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