This single judge order dismissed a writ petition filed under Article 226 without hearing, closing the matter due to submissions by the Respondents regarding role in specific works and non-viability of suit decree.
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W.P.No.1041 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
W.P.No. 1041 of 2023 and WMP.No.1032 of 2023
.. Petitioners
Versus
Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 1 to 4 from in any way taking forcible possession of the property at Survey No. 293/1 Annasagaram Village, Dharmapuri District without following due process of
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law either by laying road by constructing a bridge over the water Channel or in any other manner whatsoever.
For Petitioner : Mr.Subramanian For M/s.C.Jagadish For Respondents : Mrs.R.Anitha, SGP RR1 & 4 Mr.P.Rajendran, AGP HR & CE For RR2 & 3
ORDER
This writ petition is filed forbearing the respondents 1 to 4 from in any
way taking forcible possession of the property at Survey No. 293/1 Annasagaram Village, Dharmapuri District without following due process of law either by laying road or by constructing a bridge over the water Channel or in any other manner whatsoever.
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3.Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents 1 and 4 and the learned Additional Government Pleader appearing for the respondents 2 and 3.
4.The respondents 3 and 4 have filed counter stating that the first respondent has sanctioned a sum of Rs.6,00,000/- for construction of a culvert in S.F.No.94 of the village, which is classified as Voikkal. This Voikkal is an irrigation channel to irrigate the registered ayacuts fed by the Annasagaram Tank and the petitioners have no locus standi to interfere in the works undertaken by the respondents herein. The first respondent has sanctioned the work with allotment of funds for the purpose of providing transport facilities for the movement of the farm products of the cultivators of the land fed by the tank which would also be beneficial to the petitioners. The culvert is constructed only in the irrigation channel in S.F.No.94 and not in S.F.No.293/1. The learned counsel further submitted that the distance between S.F.No.293/1 and S.F.No.94 is about 4.8 mtrs.
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Government Pleader and the Additional Government Pleader, no further order is necessary in the matter and this writ petition is closed. No costs. Consequently, connected miscellaneous petition is also closed.
06.02.2023
Index : Yes / No Speaking Order : Yes / No
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W.P.No.1041 of 2023
N.SATHISH KUMAR, J.
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G.Pulithevan
G.Appamani
The District Collector, Dharmapuri District
The Joint commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department
The Executive officer, Arulmigu Prasannavenkatramana Swami Thirukoil Kadaiveedhi
The Executive engineer, Public Works Department
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
