Petitioner sought protection of a pipeline laid under a Tahsildar's permission for irrigating his coconut grove. The licence was renewed until 2025; officials alleged conditions were violated. The court disposed of the writ petition directing authorities that any violation be dealt with in accordance with law.
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W.P.No.20972 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.20972 of 2018 and
W.M.P.No.24622 of 2018
P.Kanagaraj
...Petitioner
-Vs-
5.P.Paneerselvam ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, forbearing respondents 1 to 3 from removing or causing any damage to the pipeline laid by the petitioner in S.F.Nos.246/2, 245/2, 244/2, 240/2, 247 in
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W.P.No.20972 of 2018
Udumalpet Village, S.F.Nos.101/2, 100/2, 99/2, 107/2, 123/2, 114/2, 113/2, 117/2, 118/2, 146/2, 147/C2, 149/C1, 149/B2, 149/A2 in Ganapathipalayam Village, S.F.Nos.43, 44/1B, 45/2, 46/2, 47/2, 52/2, 54/2, 55/2, 56/2, 57/2, 58/3, 15/2, 14/2, 149, 150 in Poolankinar Village and S.F.Nos.75, 83 and 81/2 and the S.F.Nos.186/3, 188/1A and 190 in Udumalpet Village, except under due process of law, by considering petitioner's representation dated 16.07.2018 and pass such orders.
For Petitioner : Mr.S.Thangavel For R1 to R3 : Mrs.R.L.Karthika Government Advocate For R5 : Mr.M.Sivavarthanan For R4 : No appearance
O R D E R
This petition is filed for issuance of a Writ of Mandamus, forbearing respondents 1 to 3 from removing or causing any damage to the pipeline laid by the petitioner in S.F.Nos.246/2, 245/2, 244/2, 240/2, 247 in Udumalpet Village, S.F.Nos.101/2, 100/2, 99/2, 107/2, 123/2, 114/2, 113/2, 117/2, 118/2, 146/2, 147/C2, 149/C1, 149/B2, 149/A2 in Ganapathipalayam Village, S.F.Nos.43, 44/1B, 45/2, 46/2, 47/2, 52/2, 54/2, 55/2, 56/2, 57/2, 58/3, 15/2, 14/2, 149, 150 in Poolankinar Village and S.F.Nos.75, 83 and 81/2 and the S.F.Nos.186/3, 188/1A and 190 in Udumalpet Village, except
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W.P.No.20972 of 2018
under due process of law, by considering petitioner's representation dated 16.07.2018.
W.P.No.20972 of 2018
him on 04.07.2018 with relevant records. The 4th respondent and his friends
had executed a sale deed dated 12.07.2018, transferring their entire rights to the petitioner, which was earlier conveyed to them as security. On 16.07.2018 the petitioner appeared before the 3rd respondent and submitted his representation. Respondents 2 and 3 were taking steps to cancel the permission and remove the pipeline at the instigation of respondents 4 and 5, without following due process of law. Hence, the petitioner filed a suit in O.S.No.280 of 2018 on the file of the District Munsif Court, Udumalpet, praying for permanent injunction restraining respondents 1 and 2 and their subordinates from cancelling the order dated 12.05.2015 vide Pa.M 8879/2014/A2 issued by the 3rd respondent except under due process of law and for other reliefs. On coming to know of the suit filed by the petitioner, persons claiming to be from the revenue department, came to the property with JCB machine and made a threat that they were going to remove the pipeline, even while the petitioner's representation is pending consideration and the permission is valid upto 12.05.2020. Therefore, the writ petition is filed.
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W.P.No.20972 of 2018
Pa.Mu.2907/2020/A2 dated 03.06.2020 by the Tahsildar, Udumalpet.
“ It is submitted that Thiru. P.Panneerselvam 5/0 N.Periasamy 20 A, Abirami Nagar Udumalpet has alleged that the Petitioner Thiru. Kanagaraj S/o Palanisamy used the water taken through the pipelines for commercial purposes violating the conditions. After enquiry on the allegations. The District Revenue Officer, Tirupur has instructed to the Revenue Divisional Officer Udumalpet to cancel the above Track Rent Permission vide: Ref.13318/2018/A1 dated 24.8.2018 as conditions are violated. ”
has renewed the license up to 03.06.2025 and he is violating the conditions as stated above.
J.SATHYA NARAYANA PRASAD, J.
In view of the above submission made by the learned counsel for
the 5th respondent, if there is any violation by the petitioner, appropriate action shall be taken by the 2nd respondent as well as the 3rd respondent
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W.P.No.20972 of 2018
in accordance with law.
Accordingly, the writ petition stands disposed of with the above
observation and direction . No costs. Consequently, connected
miscellaneous petition is closed.
02.07.2024
cda Index : Yes/No Speaking/Non Speaking order
To
3.The Tahsildar, Udumalpet Taluk, Udumalpet, Tiruppur District.
W.P.No.20972 of 2018
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1 issue framed by the court
Whether respondents 1 to 3 could remove the petitioner's pipeline or cancel the track rent permission without following due process of law.
1 provisions across 1 enactments
P.Kanagaraj
The District Collector, Tiruppur District
The Revenue Divisional Officer, Udumalpet, Tiruppur District
The Tahsildar, Udumalpet Taluk, Udumalpet, Tiruppur District
P.Vidhya Sekar
P.Paneerselvam
J.Sathya Narayana Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
