The Madurai Bench dismissed the writ petition where the petitioner sought to stop a canal passing through his patta land. The Court held that factual disputes regarding land boundary and canal routing are triable by civil courts, not writ jurisdiction.
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.
W.P(MD)No.28813 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.28813 of 2023
V.Suresh Kumar ... Petitioner
Vs.
1.The District Collector, Madurai District, Madurai.
3.The Tahsildar, Madurai North Taluk, Madurai District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd and 3rd respondents to grant permission to level the wrongly/mistakenly established canal over the petitioner land in Survey No. 7/13A, Kannikudi Village, Madurai North Taluk, Madurai District within time frame fixed by this Honble Court by considering the petitioner's representation dated 06.07.2023.
For Petitioner : Mr.V.Sukumar
For Respondents : Mr.V.Nirmal Kumar Government Advocate
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W.P(MD)No.28813 of 2023
ORDER
Heard both sides.
for the petitioner. A naturally flowing water body cannot be obliterated or obstructed. If it happens to run through his patta land, one cannot help it. The petitioner's allegation that canal had been wrongly re-routed through his
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W.P(MD)No.28813 of 2023
survey number is a contentious issue of fact. In writ proceedings, it cannot be adjudicated. If according to the petitioner, the petition mentioned canal never
ran through or flowed through Survey No.7/13A1, the only remedy open to the
petitioner is to go before the jurisdictional civil Court.
06.12.2023
Index : Yes / No Internet : Yes/ No rmi To
3.The Tahsildar, Madurai North Taluk, Madurai District.
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W.P(MD)No.28813 of 2023
G.R.SWAMINATHAN, J.
rmi
W.P(MD)No.28813 of 2023
06.12.2023
2 issues framed by the court
Whether this Court can adjudicate the factual allegation that a canal was wrongly routed through the petitioner's patta land.
Whether the petitioner can maintain a writ petition challenging the routing of a canal without instituting a civil suit.
V.Suresh Kumar
The District Collector, Madurai District, Madurai
The Public Welfare Department, Tallakulam, Madurai
The Tahsildar, Madurai North Taluk, Madurai District
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
