IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2025 (arising out of SLP(C) No. 5927 of 2016)

THANGAM ..... APPELLANT(S)

VERSUS M. CHELLAM & ORS. ..... RESPONDENT(S)

O R D E R

Leave granted.

There is no appearance on behalf of respondent No. 1, M.

Chellam, the writ petitioner before the High Court. Hence, he is proceeded against ex parte We may note that the impugned judgment passed by the High Court was stayed by this Court, vide interim order dated 11.03.2016. By subsequent order dated 04.01.2024, the respondents were granted time to file photographs of the alleged construction undertaken by the appellant, Thangam, along with the site plan indicating the nature of the construction. By order dated 27.09.2024, further time was granted to the respondents to do the needful. By the same order, the appellant, Thangam, was also directed to file the latest photographs of the construction undertaken by him along with the newspaper dated 27.09.2024 in the Signaftureo Nort Veerifigedround.

Digitally signed by Deepak Guglani Date: 2025.01.03

16:47:31 IST The appellant, Thangam, has filed the required photographs.

Reason:

In our opinion, the construction made in the present case is like a culvert over a storm water drain/water channel. We do not think, in these circumstances, the High Court was right in entertaining the writ petition, in the nature of a public interest litigation, and directing that the storm water drain/water channel should be restored by removing the culvert. The only access to the house/residence of the appellant, Thangam, is over the said culvert. The culvert is not stopping the flow in the storm water drain/water channel.

The impugned judgment is set aside and, consequently, Writ Petition (MD) No. 144/2015, titled “M. Chellam v. The District Collector, Sivagangai District & Ors.”, shall be treated as dismissed.

The appeal is allowed and disposed of in the aforesaid terms.

Pending application(s), if any, shall stand disposed of.

..................CJI (SANJIV KHANNA)

..................J.

(SANJAY KUMAR)

NEW DELHI;

JANUARY 02, 2025.

ITEM NO.34 COURT NO.1 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 5927/2016 [Arising out of impugned final judgment and order dated 24-11-2015 in WP No. 144/2015 passed by the High Court of Judicature at Madras at Madurai]

THANGAM Petitioner(s)

VERSUS M. CHELLAM & ORS. Respondent(s)

Date : 02-01-2025 This matter was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s)

Mr. Rajeev Maheshwaranand Roy, AOR Mr. P. Srinivasan, Adv.

For Respondent(s)

Mr. D. Kumanan, Adv./AOR Ms. Deepa S., Adv.

Mr. Sheikh F. Kalia, Adv.

Mr. Veshal Tyagi, Adv.

Mr. Chinmay Anand, Adv.

Ms. Shagufa Khan, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted The appeal is allowed and disposed of in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(DEEPAK GUGLANI) (R.S. NARAYANAN)

AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)