Panchayat resolution grants valid permission for laying pipeline under public road, dismissing mandamus claim.

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.7846 of 2023 C.Arul Kasiyan ... Petitioner Vs.

1.The District Collector, District Collector Office, Tirunelveli District.

2.The Block Development Officer, Radapuram, Tirunelveli District.

3.The Tahsildar, Thisaiyanvilai, Tirunelveli District.

4.Xavier

5.Jesudurai ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the illegal pipe line laid by the respondents 4 and 5 by damaging the concrete road on the west street in Ramanathapuram Village, Urumankulam Post, Thisaiyanvilai Taluk, Tirunelveli District by considering the petitioner's representation dated 15.03.2023 and to rectify the concrete road within the time stipulated by this Court.

For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.D.Sasikumar Addl. Govt. Pleader for R1 & R3 Mr.P.Thambidurai Govt. Advocate for R2 Mr.Bhagavath Srinath for R4 & R5

O R D E R

(Order of the Court was made by N.SATHISH KUMAR, J.)

This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to remove the illegal pipe line laid by the respondents 4 and 5 by damaging the concrete road on the west street in Ramanathapuram Village, Urumankulam Post, Thisaiyanvilai Taluk, Tirunelveli District by considering the petitioner's representation dated 15.03.2023 and to rectify the concrete road within the time stipulated by this Court.

2. It is the grievance of the petitioner that the respondents 4 and 5 without any permission have laid the pipeline beneath the public road by damaging the concrete road. The petitioner has already sent a representation to the respondents on 15.03.2023, seeking to take action against the respondents 4 and 5. However, no action has been taken by the respondents. Hence, the petitioner has filed this Writ Petition.

3. The respondents have filed a counter affidavit stating that a resolution has been passed on 06.12.20222 in the meeting of the Urumankulam Panchayat, by granting permission to the father of the respondents 4 and 5 to lay the pipeline and therefore, the respondents have laid the pipeline.

4. In view of the above, as proper permission has been granted to lay the pipeline, it cannot be said that an illegal pipeline has been laid by the respondents 4 and 5. Therefore, we do not find any merit in this Writ Petition and the same is liable to be dismissed.

5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.