Disposed¶34

C.Babu v. the District Collector

Madras HC3 Feb 2025WP/3216/2025

Case brief

AI extract

What is this about?

Road poramboke encroachment; temporary drainage channel cut through cement road reducing its width; rainwater flooding and waterlogging of adjoining agricultural land; writ of mandamus under Article 226 against Village Panchayat authorities; Block Development Officer K.V.Kuppam and Village President Ammanankuppam directed to act; Tahsildar Gudiyatham directions dated 26.09.2022 and 07.10.2022; eight-week compliance deadline; Vellore District; disposed at admission stage by consent; non-speaking order; no costs; earlier related writ W.P.No.20078 of 2022.

What did the court decide?

Direction to the fourth respondent (Block Development Officer) to close the temporary channel and restore the panchayat road as per the Tahsildar's directions dated 26.09.2022 and 07.10.2022, within eight weeks from receipt of a copy of the order; no costs.

C.Babu Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing respondents 4 and 5 to restore the cement road in S.No.197/5 (western side of petitioner's land in S.No.197/6, Ammanankuppam Village, Gudiyatham Taluk, Vellore District) to its original width by closing the temporarily formed channel and preventing storage of rain water in the petitioner's land, as instructed by respondents 2 and 3.

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Court's answer

The fourth respondent, the Block Development Officer, is directed to take necessary and immediate action to close the temporary channel and restore the panchayat road as per the directions of the third respondent (Tahsildar) dated 26.09.2022 and 07.10.2022.

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Ratio / Principle

Compliance with the direction is to be within a period of eight weeks from the date of receipt of a copy of the order.

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Key takeaways

The writ petition is disposed of with the above direction, with no costs awarded.ratio¶39

Detailed headnote1 paragraphs

Madras High Court (single judge, J. Sathya Narayana Prasad), by consent and at the admission stage, disposed of a writ petition under Article 226 seeking mandamus against respondents 4 (Block Development Officer, Village Panchayat K.V.Kuppam) and 5 (Village President, Ammanankuppam) to restore a cement road classified as road poramboke in S.No.197/5, whose width had been halved by villagers cutting a temporary rainwater channel that drains into the petitioner's agricultural land (S.Nos.197/6 and 207/3), converting it into a water storage area. Noting the earlier representation (31.12.2021), W.P.No.20078 of 2022 (order dated 05.08.2022 directing enquiry), the Tahsildar's communications dated 26.09.2022 and 17.10.2022, and the representation dated 19.02.2024, and the Government Pleader's undertaking to act within a time frame, the Court directed the Block Development Officer to close the temporary channel and restore the panchayat road as per the Tahsildar's directions dated 26.09.2022 and 07.10.2022 within eight weeks of receipt of the order. Non-speaking order; no costs.

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W.P.No.3216 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.02.2025

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CORAM

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THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

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W.P.No.3216 of 2025

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C.Babu ... Petitioner

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The District Collector, Vellore District, Collectorate, Sathuvachari, Vellore 632 009.

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The Revenue Divisional Officer, Gudiyatham 632 602, Vellore District.

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The Tahsildar, Gudiyatham 632 602, Vellore District.

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The Block Development Officer, (Village Panchayat) K.V.Kuppam 632 201,

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Vellore District.

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The Village President, Ammanankuppam Village, Gudiyatham Taluk, Vellore District 635 803. ... Respondents

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https://www.mhc.tn.gov.in/judis ___________ Page No.1 of 6_

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W.P.No.3216 of 2025

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Writ Petition is filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus directing the respondents 4 and 5 to restore the cement road situated in S.No.197/5 on the western side of the petitioner's land comprised in S.No.197/6, Ammanankuppam Village, Gudiyatham Taluk, Vellore District, to its original width by closing the temporarily formed channel and prevent the storage of rain water in the petitioner's land as instructed by the respondents 2 and 3 within the time that may be fixed by this Court.

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For Petitioner : Mr.P.Rani For R1 & R2 : Mr.M.Rajendiran Addl.Govt.Pleader For R3 & R4 : Mr.M.Murali Govt.Advocate

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ORDER

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By consent, the Writ Petition is taken up and disposed of at the admission stage itself.

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The present writ petition has been filed to issue a writ of Mandamus directing the respondents 4 and 5 to restore the cement road situated in S.No.197/5 on the western side of the petitioner's land comprised in S.No.197/6, Ammanankuppam Village, Gudiyatham Taluk,

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W.P.No.3216 of 2025

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Vellore District, to its original width by closing the temporarily formed channel and prevent the storage of rain water in the petitioner's land as instructed by the respondents 2 and 3.

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It is the case of the petitioner that he is the owner of the land measuring an extent of 0.28.00 hectares in S.No.197/6 and 0.40.50 hectares in S.No.207/3 and he has been cultivating the said lands for his livelihood and also residing in the house constructed in a portion of the said lands. As per the village map and FMB, there exist a cement road in S.No.197/5 which is classified as road poramboke and the said road is running on the northern side of the petitioner's land. There existed rainwater drainage channels far away from the petitioner's land and the said channels were illegally closed and converted into cultivable lands. Hence, the villagers have illegally formed a channel in the said cement road by cutting and reducing the width of the road into one half to drain the rain water, despite the petitioner's objections. Due to the newly formed channel by encroaching the cement road, the entire rain water is being let into the petitioner's said land without any drainage system and his land is illegally converted into water storage tank. The petitioner is

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W.P.No.3216 of 2025

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unable to reside in his house and cultivate his lands for his livelihood. Thereafter, the petitioner sent a representation dated 31.12.2021 to the first respondent. However, the fourth respondent has not taken any steps to close the temporary formed channel and restore the original cement road, even though, the petitioner has approached the respondents. Hence, the petitioner has come forward with the present writ petition.

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The learned counsel appearing for the petitioner submitted that he has filed W.P.No.20078 of 2022 to restore the Panchayat road by removing the temporary channel, this Court by order dated 05.08.2022 as directed the third respondent to conduct enquiry as per the memo ssued by the first respondent and pass necessary orders. Thereafter, the third respondent has sent a letter in e.f.,1/91109/2022 dated 26.09.2022 and the proceedings in %.K(,.1)91109/2022 dated 17.10.2022 to the fourth respondent to take appropriate action. Since the 4th respondent has not taken any steps, the petitioner submitted a representation dated 19.02.2024 to the first respondent. Despite the above two proceedings issued by the third respondent, the fourth respondent has not taken any action to remove the temporary channel till date.

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W.P.No.3216 of 2025

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The learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the temporary channel will be closed and the original cement road will be restored, in accordance with law, within a time frame stipulated by this Court.

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Heard the learned counsel for both sides and also perused the

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materials available on record.

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In view of the above submissions made by the learned counsel appearing on either side, the fourth respondent, The Block Development Officer, is directed to take necessary and immediate action to close the temporary channel and restore the panchayat road as per the directions of the third respondent viz., The Tahsildar dated 26.09.2022 and 07.10.2022, within a period of eight weeks from the date of receipt of a copy of this order.

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W.P.No.3216 of 2025

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kkd

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J.SATHYA NARAYANA PRASAD, J.

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