R.Somuraj v. The District Collector

ORDER Heard both sides.

¶2The petitioner wants the petition mentioned channel to be restored. The stand of the official respondents is that there is no Odai as claimed by the petitioner. But then in the affidavit it is stated that there is a small detailed odai in the southern corner of Survey No.1530 to the length of 10 feet only. I fail to understand as to how only for 10 feet there can be a odai. The odai in the very nature of things will have to link one point with another point. But the second respondent states that there is a cart-track on ground. Whether it is a odai or a cart-track it must be kept free of encroachment. Secondly, the natural flow of water must also be ensured.

¶3With this direction to the second respondent, this writ petition is disposed of. There shall be no order as to costs.

15.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To

1.The District Collector, Dindigul District, Dindigul.

2.The Tashildhar, Tashildhar Office, Vedasunthur, Dindigul District. G.R.SWAMINATHAN,J. MGA

15.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Somuraj ... Petitioner Vs. 1.The District Collector, Dindigul District, Dindigul. 2.The Tashildhar, Tashildhar Office, Vedasunthur, Dindigul District. 3.Shanthi ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to restore irrigation canal (odai) in S.No.1529/2 and 1530, Palayam Village, Venadasunthur Taluk, Dindigul District. For Petitioner : Mr.V.Balaji For Respondents : Mr.D.Gandhiraj Special Government Pleader for R.1 and R.2 Mr.R.G.Shankar Ganesh for R.3