Dismissed¶29

S.Joseph v. the District Collector

Madras HC25 Jul 2025WP(MD)/12350/2020

Case brief

AI extract

What is this about?

Writ of mandamus; Article 226 Constitution of India; closure of unauthorised bore well; Survey No.126/14 A2, Lakshmipuram Village, Kalkulam Taluk, Kanyakumari District; Neyoor Town Panchayat permission certificate; TNGEDCO electricity service connection; groundwater/agricultural use; competent authority permission; safety measures; writ petition dismissed without costs; Madurai Bench of Madras High Court; S.M.Subramaniam and A.D.Maria Clete.

What did the court decide?

Since necessary permissions have been obtained from the competent authority and safety measures have been provided, the relief sought (closure of the bore well) need not be considered. ¶28

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

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W.P.(MD) No.12350 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.07.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P.(MD) No.12350 of 2020

S.Joseph

... Petitioner

-vs-

1.The District Collector Kanyakumari District

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2.The Executive Officer Neyoor Town Panchayat Kanyakumari District

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3.The Junior Engineer Tamil Nadu Generation and Distribution Corporation (TNGEDCO) Thingal Nagar Division Kanyakumari District 4.Xaviour James Raj ... Respondents

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_____________ Page 1 of 4_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.12350 of 2020

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent 1 to 3 to close the unauthorized gigantic bore well constructed by the 4^th respondent in Sy.No.126/14 A2 of Lakshmi puram Village, Kalkulam Taluk, Kanyakumari District.

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For Petitioner : Mr.A.Balakrishnan For Respondents : Mr.P.Thilakkumar Government Pleader for R1 & R2 Mr.S.Ramakrishnan for R4

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O R D E R

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[Order of the Court was made by S.M.SUBRAMANIAM, J.]

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The writ on hand has been instituted seeking a direction to the

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the respondents 1 to 3 to close the unauthorized gigantic bore well constructed by the fourth respondent in Survey No.126/14 A2 of Lakshmipuram Village, Kalkulam Taluk, Kanyakumari District.

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2. The second respondent has filed a counter affidavit stating that the Will is providing water for agricultural purposes and electricity service connection has also been provided. The Executive Officer, Neyoor Town Panchayat, has issued a certificate stating that permission has been granted to the fourth respondent for digging the Well and to utilize the water for

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.12350 of 2020

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irrigation purposes.

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3. Since necessary permissions have been obtained from the

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competent authority and safety measures have been provided, the relief as such sought for need not be considered.