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2025 DAILYLAW 148208 (MAD)

T.Thenmozhi v. The District Collector

WP(MD)/18158/2025 · 2025-07-04

C Saravanan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD) No. 18158 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2025 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No. 18158 of 2025 and W.M.P.(MD) No.13902 of 2025 T.Thenmozhi ... Petitioner Vs 1. The District Collector, Sivagangai, Sivagangai District. 2. The Assistant Director (Village Panchayat), Sivagangai, Sivagangai District. 3. The Project Director, Directorate of Rural Development Agency, Sivagangai, Sivagangai District. 4. The Thashildhar, Singampunari, Sivagangai District. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18158 of 2025 5. The Block Development Officer, Singampunari, Sivagangai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the fifth respondent’s impugned order in Na.Ka.No.P1/1140/2025, dated 23.06.2025 to quash the same as illegal and consequently, to direct the fifth respondent do not make any low level bridge in Southern bunds of Brahmanan Kanmoi in Survey No.111 of S.Mathur Village, Singampunari Taluk, Sivagangai District, which is opposite to her lands in Survey No. 128/8 according to law. For petitioner : Mr. N. Palaniyandi For respondents : Mr.D.Ghandhiraj Special Government Pleader for R1 to R4 Mr.A.Oliraja Government Advocate for R5 ***** ORDER This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 to 4 and learned Government Advocate for the fifth respondent. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18158 of 2025 2. The petitioner has challenged the impugned order passed by the fifth respondent in response to the representation of the petitioner, dated 10.03.2025. 3. The case of the petitioner is that there are two water bonds nearby the petitioner’s land in Survey No.128/6, 7 and 8 measuring an extent of 0.86.50, 0.33.00 and 1.22.00, respectively i.e., totally six acres (approx.). 4. It is further case of the petitioner that during rainy season, the water flows into the petitioner’s land and thereby, causes crop loss to the petitioner and therefore, the petitioner has sent a representation to the fourth respondent to take steps for protecting the petitioner’s agriculture land. 5. It is further case of the petitioner that the third respondent has developed water pond bunds under the scheme of the Chief Minister’s Rural Road Development Scheme and that by mistake, they have reduced the level in the opposite side of the petitioner’s land. Therefore, the water passes through the petitioner’s land. 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18158 of 2025 6. Therefore, the petitioner had earlier approached this Court in W.P. (MD)No.14289 of 2025, wherein the Writ Petition was disposed of by directing the fifth respondent/Block Development Officer to consider the representation of the petitioner and pass appropriate orders. Pursuant to the directions of this Court in W.P.(MD)No.14289 of 2025, dated 21.05.2025, the fifth respondent/Block Development Officer has ordered as under: “Nkw;fz;lthW v];.khj;J}u; fpuhk epu;thf mYtyu; kw;Wk; cjtp nghwpahsu; mtu;fspd; Ma;twpf;ifapid $u;e;jha;T nra;jjpYk;> tUtha;j;Jiw Mtzq;fis Ma;T nra;jjpYk; Nkw;gb jiug;ghykhdJ ngupa gpuhkzf;fz;kha; cUthf;fg;gl;ljpypUe;Nj cgupePu; ntspNaWk; ,lkhf mikf;fg;gl;L mjd; njhlu;r;rpahf vUikg;gl;b Cuhl;rp rpd;dhd; fz;kha;f;F cgup ePu; nry;Yk; ,lkhf mikf;fg;gl;lJ njupa tUfpwJ. NkYk;> kDjhuupd; Nfhupf;ifapd;gb> jiug;ghykhf ,y;yhky; Nky;ghykhf mikf;Fk; gl;rj;jpy; cgup ePu; ntspNaw topapy;yhky; mUfpYs;s tpis epyq;fs; ghjpf;Fk; mghak; cs;sjhy; kDjhuupd; Nfhupf;ifapid nray;gLj;j toptif ,y;iy vd;w tpguk; kDjhuUf;F njuptpf;fg;gLfpwJ.” 7. The fifth respondent has, thus, declined to consider the representation of the petitioner. I am of the view that the petitioner’s concern deserves to be addressed by taking suitable steps by the respondents. Therefore, a direction to the respondents 3 to 5 to review the issue as to why the water, that is entering into 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18158 of 2025 the petitioner’s agriculture land, can be diverted to water body and if required, a portion of the land be asked to be gifted by the petitioner and other villagers for creating water course. 8. Entire exercise shall be completed by the respondents within a period of three (3) months from the date of receipt of a copy of this order. 9. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 04.07.2025 Internet : Yes / No apd To 1. The District Collector, Sivagangai, Sivagangai District. 2. The Assistant Director (Village Panchayat), Sivagangai, Sivagangai District. 3. The Project Director, Directorate of Rural Development Agency, 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18158 of 2025 Sivagangai, Sivagangai District. C.SARAVANAN, J. apd 4. The Thashildhar, Singampunari, Sivagangai District. 5. The Block Development Officer, Singampunari, Sivagangai District. W.P.(MD) No. 18158 of 2025 04.07.2025 6/6 https://www.mhc.tn.gov.in/judis