Petitioner sought writ to restrain respondent Panchayat President from entering land for drainage. Respondents withdrew objection, stating no drainage proposal existed. Court disposed of the petition.
Petition disposed of. No costs. Connected miscellaneous petition closed.
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.5866 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.5866 of 2021 and W.M.P.(MD)No.4600 of 2021
N.N.Anbagalan
... Petitioner
vs.
1.The District Collector, O/o. the District Collector, Madurai District, Madurai.
2.The Personal Assistant to District Collector (Development), O/o. District Collector Office, Madurai District, Madurai.
3.The Assistant Director of Village Panchayat, O/o. the Assistant Director of Village Panchayat, Collectorate Campus, Madurai.
4.The Block Development Officer, O/o. the Block Development Office, T.Kallupatti Panchayat Union, Madurai District.
5.The Panchayat President, Kenjampatti Village Panchayat, T.Kallupatti Panchayat Union, Madurai District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the 5th respondent
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from in any way entering/digging the petitioner’s land situated in S.Nos. 235/1B2 and 235/4 it consisting plots Nos.24, 25, 26A, 27A, 28 to 39, 42 to 44, 49(South) 50, 51, 54 to 57, 65 to 73(North) and 75 at Kollampatti Village, Kenjampatti Panchayat, T.Kallupatti, Peraiyur Taluk, Madurai District without any consent of the petitioner for any purpose and considering by the petitioner’s representation dated 23.02.2021 within the period that may be stipulated by this Court.
For Petitioner :Mr.H.Mohammed Nihal for M/s.Ajmal Associates For R1 to R4 :Mr.B.Saravanan Additional Government Pleader For R5 :Mr.J.Gunaseelan Muthiah *****
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus forbearing the fifth respondent from in any way interfering with the possession and enjoyment of the property of the petitioner.
2.The grievance of the petitioner is that he is the absolute owner of the subject property and the fifth respondent was attempting to form a drainage through the subject property. Objections were made by the petitioner and in spite the same, the fifth respondent was attempting to
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interfere with his possession and enjoyment of the subject property. Under these circumstances, the present Writ Petition has been filed
before this Court.
3.When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 produced the written instructions received from the fourth
respondent. For proper appreciation, the same is extracted hereunder:
“Nj.fy;Yg;gl;b Cuhl;rp xd;wpak; nfQ;rk;gl;b Cuhl;rpapy; nfhy;ytPuk;gl;b cl;fil fpuhkj;ij Nrh;e;j jpU.md;gofd; vd;gth; nrhe;j ,lj;jpy; (rh;Nt vz; 235/1/B2 )y; fopT ePh; tha;f;fhy; mikf;fg;glTs;sjhf nrd;id cah;ePjpkd;wk; kJiu fpisapy; tof;F njhlh;e;Js;shh;. Mdhy; nfQ;rk;gl;b Cuhl;rp kd;wj;jiyth; mth;fs; kDjhuhpd; ,lj;jpy; Cuhl;rp eph;thfk; rhh;ghf ve;jtpj fopTePh; tha;f;fhYk; mikf;fg;gltpy;iy vd njhptpj;Js;shh; vd;w tpguj;jpid njhptpj;Jf;nfhs;fpNwd;.”
4.The learned Additional Government Pleader submitted that there
is no proposal to utilise the property of the petitioner to put up a drainage channel.
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5.In the light of the written instructions given by the fourth
respondent and after recording the submission of the learned Additional
Government Pleader, this Writ Petition is disposed of. No costs.
6.It is brought to the notice of this Court that the petitioner had submitted a planning permission before the fifth respondent and the same is pending by virtue of the pendency of this Writ Petition. In view of the disposal of this Writ Petition, the planning permission sought for by the petitioner shall be independently considered in accordance with law. Consequently, connected miscellaneous petition is closed.
Index :Yes / No 18.10.2023 Internet :Yes / No NCC : Yes/No
cmr
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To
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N.ANAND VENKATESH, J.
cmr
W.P.(MD)No.5866 of 2021
18.10.2023
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1 provisions across 1 enactments
N.N.Anbagalan
The District Collector, O/o. the District Collector, Madurai District
The Personal Assistant to District Collector (Development)
The Assistant Director of Village Panchayat
The Block Development Officer, O/o. the Block Development Office, T.Kallupatti Panchayat Union
The Panchayat President, Kenjampatti Village Panchayat
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
