IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.07.2018

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN

AND

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

WP.No.9524/2018 & WMP.No.11428/2018

S.Ramanathan

.. Petitioner

Versus

1

The District Collector

Collectorate, Salem District.

2

The Tahsildar

Valapaddi Taluk Office

Salem District.

3

The Executive Engineer

Rural Roads & Highways Department

Nattamai Building, Salem District.

4

The Assistant Engineer

Rural Roads & Highways Department

Nattamai Building, Salem District.

5

The Assistant Engineer

Public Works Department

Irrigation Division, Valapaddi Taluk

Salem District.

.. Respondents

Prayer:-

Petition filed under Article 226 of the Constitution of

India praying for issuance of a writ of mandamus forbearing the

respondents 3 to 5 from obliterate and constructing the concrete

wall in the stream which is situated in S.No.23,

Mannaickenpatti, Valapaddi Post and Taluk, Salem District and

direct 1 and 2 respondents to remove the encroachment made in

S.No.23, Mannaickenpatti, Valapaddi Post and Taluk, Salem

District which is situated in Attur Taluk, Salem District,

within a time frame as may be fixed by this Court.

For Petitioner

: Mr.A.Rajakumar

For Respondents

: Mr.A.N.Thambidurai, Spl.GP

https://hcservices.ecourts.gov.in/hcservices/

ORDER

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

By consent, the writ petition is taken up for final

disposal.

Mr.A.N.Thambidurai, learned Special Government

Pleader appears on behalf of the respondents.

2

The petitioner claims to be the owner of the

agricultural lands comprised in S.Nos.31/6, 34/3C, 36/2 and 36/3

at Mannaickenpatty, Valapadi Post and Taluk, Salem District,

through a registered Partition Deed bearing Doc.No.3030/2010

dated 13.07.2010 and claims to be in possession and enjoyment of

the same. The petitioner would further aver that there is a

stream/canal which flows through S.No.23 and during rainy

season, water is used to flow through the said stream/canal and

it is being utilised by the petitioner and other agriculturists.

The apprehension expressed by the petitioner is that the

respondents 3 to 5 are making attempts to obliterate the water

stream, by putting up a compound wall and in that event, flow of

water will be affected and as a consequence, the agricultural

operations being carried out by the petitioner and others would

definitely be affected and in this regard, the petitioner has

submitted a representation dated 13.01.2018 to the respondents

and in spite of receipt and acknowledgment, no response is

forthcoming and taking advantage of the same, the construction

is proceeding in a fast manner and hence, the petitioner is

constrained to approach this Court, by filing the present writ

petition.

3

The writ petition was entertained on 14.06.2018 and the

3^rd respondent has filed the counter affidavit.

4

The learned counsel for the petitioner has drawn the

attention of this Court to the materials placed before it,

especially the photographs and would submit that under the guise

of clearing the canal/strengthening the side walls, attempts are

being made to put up a wall which prevents free flow of water

and expressing the said apprehension only, the petitioner came

forward to file the present writ petition.

5

Per contra,

Mr.A.N.Thambidurai, learned Special

Government Pleader has drawn the attention of this Court to the

counter affidavit of the 3^rd respondent and would submit that as

per G.O.Ms.Nos.16 and 88 of the Rural Development and Panchayat

Raj [SGS-II] Department and the Highways and Minor Ports [HF-1]

Department dated 26.08.2014 and 27.10.2017 respectively,

upgradation of Mannaickenpatty Road to Pallathathanur Road K,

0/0 – 6/2 has been taken up for upgrading the Union Road to ODR

standards and it involves upgrading the existing road including

construction of Retai