Madras High Court
N.Palanisamy vs The District Collector on 9 September, 2016
Author: M.V.Muralidaran
Bench: M.V.Muralidaran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2016
CORAM
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
AND
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
W.P.(MD).No.14497 of 2012
and
M.P.(MD)No.1 of 2012
N.Palanisamy : Petitioner
Vs.
1.The District Collector,
Thanjavur District,
Thanjavur.
2.The Assistant Director of Town Panchayats,
Thanjavur division,
Panakal Building,
Thanjavur.
3.The President,
Vallam Panchayat,
Vallam,
Thanjavur. : Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus, forbearing the respondents from changing or
altering the physical features of Kuravan kulam situate in R.S.No.112 Vallam
Therku Setthi Village in Thanjavur Taluk or to change its user from
irrigation purposes to some other purpose of constructing sewage and drainage
water purification centre.
!For Petitioner : Mr.M.R.S.Prabhu
For Respondents 1&2 : Mr.M.Govindan,
Special Government Pleader
For Respondent No.3 : No Appearance
:O R D E R
The petitioner has come up with this litigation under the guise of a Public Interest Litigation seeking a Mandamus to forbear the respondents from changing or altering the physical features of a tank known as 'Kuravan Kulam' situated in R.S.No.112, Vallam Therku Setthi Village in Thanjavur Taluk.
2. We have heard the learned counsel for the petitioner and the learned Special Government Pleader for the first and second respondents. There is no representation for the third respondent. We have also perused the records carefully.
3. According to the petitioner, on one side of the National Highway between Thanjavur and Tiruchirappalli, a tank known as 'Kuravan Kulam' is situated in R.S.No.112 at Vallam Therku Setthi Village. On the other side of the road, another tank known as 'Kanakkupillai Kulam' is situated. Watercourse flowing in Kuravan Kulam tank is drained into the other tank, namely Kanakkupillai Kulam. According to the petitioner, his lands are irrigated by water from Kanakkupillai Tank. The grievance of the petitioner is that now some changes are sought to be made by the Government in Kuravan Kulam tank, which would adversely affect his irrigation rights.
4. In our considered view, in the representation made to the Government also, he has reiterated only his private right. From these averments, it is crystal clear that what is sought to be enforced by the petitioner in the Writ Petition is his private right and there is no public interest at all involved in the same. Whether the petitioner has got any irrigation right and whether Kuravan Kulam is a water source for such irrigation purpose, are all disputed questions of fact, which cannot be gone into in this litigation. These are all matters, which have to be gone into only by the Civil Court on evidence. Therefore, the remedy for the petitioner lies before the Civil Court and not in this Writ Petition. Further, as we already pointed out, there is no public interest involved at all in this litigation. It is a pure and simple private litigation. For these reasons, we are unable to grant the relief as prayed for in this Writ Petition. The Writ Petition is, therefore, dismissed, leaving it open for the petitioner to work out his remedy before the Civil Court. No costs. Consequently, the connected miscellaneous petition is also dismissed.
To
1.The District Collector, Thanjavur District, Thanjavur.
2.The Assistant Director of Town Panchayats, Thanjavur division, Panakal Building, Thanjavur.
3.The President,
Vallam Panchayat,
Vallam,
Thanjavur. .