W.P(MD)No.26867 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 23.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR

and

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

W.P(MD)No.26867 of 2022

D.Chellammal

... Petitioner

vs.

1.The District Collector,

Madurai District.

2.The Regional Director,

The National Highway Authority of India,

Melur Main Road,

Near Mattuthavani Bus Stand,

K.K.Nagar,

Madurai District.

3.M/s.Adhira Agencies,

Represented by its Proprietor,

H.P. Petrol Bunk,

Madurai to Trichy Highway,

Melur,

Madurai District.

4.The Assistant Divisional Engineer,

Construction and Maintenance – (Highway) Department,

Madurai District.

... Respondents

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W.P(MD)No.26867 of 2022

PRAYER : Writ Petition filed under Article 226 of the Constitution of India

praying for issuance of a Writ of Mandamus, directing the respondents to

remove the encroachment in the surplus water and rectify the same and

also direct the respondents to pay Rs.5 lakhs compensation for the loss

sustained because of the encroachment within the time stipulated by this

Court and direct the second respondent to grant permission to construct a

mud path from Highway to the field as there is no direct access to the field

from Highway road.

For Petitioner

: Ms.B.Bhuvaneshvari

For RR 1 & 4

: Mr.K.Balasubramani

Special Government Pleader

For R – 2

: Mr.P.Karthick

For R – 3

: Mr.J.Barathan

for Mr.S.Selvakumar

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.)

The prayer in this Writ Petition is seeking for issuance of a Writ

of Mandamus, directing the respondents to remove the encroachment in the

surplus water and rectify the same and also direct the respondents to pay

Rs.5 lakhs compensation for the loss sustained because of the

encroachment within the time stipulated by this Court and also directing the

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W.P(MD)No.26867 of 2022

second respondent to grant permission to construct a mud path from

Highway to the field as there is no direct access to the field from Highway

road.

2.Pursuant to the order passed by this Court, dated 21.12.2022,

directing the respondents 2 and 4 to conduct an inspection in the water

channel in question on 23.12.2022 or any other day, along with the

Tahsildar of the area concerned and on inspection, if any

encroachment/blocking of free flow of water either by the encroachment or

by the construction of culvert in the subject water channel, take necessary

action for removal of the same, in accordance with law and file action taken

report before this Court on the next hearing date, the second respondent

has filed a counter-affidavit.

3.In the counter-affidavit filed by the second respondent, it has

been stated that the technical team had conducted an inspection in the third

respondent's Petrol bunk and they found that the newly constructed

drainage structure at the retail outlet has an invert for free flow of excess

water. The third respondent has also been instructed to reduce the height of

the bed level of the structure and rectify the same with reference to the

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W.P(MD)No.26867 of 2022

original ground level as per the drawing and conditions of the license deed

and the same was communicated vide letter dated 15.12.2022.

4.Further, the second respondent has also filed an additional

typed set of papers, wherein, the second respondent filed a report stating

that the rectification work of lowering the invert level of the drainage

structure in front of the retail outlet (M/s. Hindustan Petroleum Corporation)

at Km 101-452 on RHS work was completed and waiting for the concrete

final setting time for its operation and also enclosed the photographs of

completed work along with the report.

5. Before parting the order, as per the counter affidavit filed by

the second respondent, due to