Petitioner sought mandamus to close an unused well in Bharathi Nagar, Coimbatore, based on a Corporation letter. The court held the well was on the petitioner's private property and it was for him to close it; if opposed by neighbours, he may seek police assistance.
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W.P.No.37615 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.37615 of 2024
Arun Kumar
...Petitioner
Vs.
..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to closing of
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unused and dangerous well in Bharathi Nagar, Kovai district, based on the 3r respondent letter Naa.Ka.No.2924/2023/D1(S) dated 21.4.2023.
For Petitioner : Mr.M.Ravi For respondents :M/s.V.Ramesh for R1 & R4 Government Advocate Mr.N.Umapathi for R2 & R3 Standing Counsel Mr.L.Baskaran for R5 & R6 Government Advocate (Crl.side)
O R D E R
By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.
the unused well situated in Bharathi Nagar, Coimbatore District based on 3rd respondent's letter dated 21.4.2023
in Na.Ka.No.2138/2022/D3(South) that the Well in question is situated in
W.P.No.37615 of 2024
private property of the petitioner at Bharathi Nagar, Gandhiji Road, Podanur. It is for the petitioner to close the Well and it is not open to the petitioner to seek services of the official respondents for the closure of the Well.
to close the Well situated in his properties, the neighbors and public opposed the same as they used the Well for several years. However, there is no averment in the affidavit filed in support of this writ petition that there were opposition.
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6 With the above directions, the Writ Petition stands disposed of. No
costs.
10.12.2024
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No nr
To
S.SOUNTHAR, J.
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nr
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1 issue framed by the court
Whether the authorities can be directed to close an unused well situated in the petitioner's own private property.
1 provisions across 1 enactments
Arun Kumar
The District Collector Coimbatore
The Commissioner of Corporation Coimbatore Corporation
The Assistant Commissioner South Zone, Coimbatore Corporation
The Tahsildar, Madukarai Taluk, Coimbatore
The Commissioner of Police Coimbatore
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
