Madras High Court
P.Namachivayam vs The Executive Magistrate/Tahsildar on 22 May, 2019
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.05.2019
CORAM:
THE HONOURABLE Mr.JUSTICE RMT.TEEKAA RAMAN
W.P.No.14788 of 2019
and
W.M.P.Nos.14769 & 14770 of 2019
1.P.Namachivayam
2.R.Palanisamy Gounder
.. Petitioners
Vs.
1.The Executive Magistrate/Tahsildar,
Pollachi Taluk, Pollachi,
Coimbatore District.
2.The Executive Engineer,
Water Resources Department,
Public Works Department, Aliyar Basin Division,
Parambikulam Aliyar Project,
Makkinampatti, Pollachi, Coimbatore District.
3.The Inspector of Police,
Pollachi Taluk Police Station,
Pollachi, Coimbatore District.
4.The Sub-Inspector of Police,
Vadakkipalayam Police Station,
Vadakkipalayam, Pollachi Taluk,
Coimbatore District.
5.S.Jayaprakash .. Respondents
http://www.judis.nic.in
2
Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue
a Writ of Mandamus, directing the respondent Nos. 1 to 4 to take appropriate action
against the 5th respondent, who is disobeying the order passed by the first
respondent in his proceedings Ni.Mu.No.1355/2019/B2, dated 30.04.2019.
For Petitioners : Mr.Prakasam. C
For Respondents : Mr.A.N.Thambidurai
Special Government Pleader
ORDER
Heard Mr.Prakasam.C, learned counsel for the petitioners and Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents. Notice to the fifth respondent is dispensed with.
2. This Writ petition has been filed by the petitioners in the nature of Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against the 5th respondent, who is disobeying the order passed by the first respondent in his proceedings Ni.Mu.No.1355/2019/B2, dated 30.04.2019.
3. Taking into consideration the limited scope of the writ petition and also taking note of the order passed by the Executive Magistrate/Tahsildar, Pollachi Taluk dated 30.04.2019, wherein he has categorically stated that the 5 th respondent is http://www.judis.nic.in 3 interfering with the flow of water to the land cultivated by the first petitioner in S.Nos.71/A2, 71/B to an extent of 2.20 acres and the second petitioner in S.No.72/2A to an extent of 0.75 acre which is an offence under Rule 25 Section 7(2) of Tamil Nadu Irrigation Works(Construction of Field Bothies) Act, 1959 and accordingly, there shall be a direction to the respondents 1 to 4 to take appropriate action against the 5th respondent, who is admittedly disobeying the order passed by the first respondent dated 30.04.2019. Further, the respondents 3 and 4 are directed to register First Information Report for the offences, as mentioned in the communication by the first respondent dated 30.04.2019.
4. In the result, the writ petition is disposed of. Consequently, the connected writ miscellaneous petitions are closed.
22.05.2019 kkn/mrm Index:Yes/No Internet:Yes/No Speaking Order:Yes/No Note: Issue Order copy on 23.05.2019 http://www.judis.nic.in 4 RMT.TEEKAA RAMAN kkn/mrm To
1.The Executive Magistrate/Tahsildar, Pollachi Taluk, Pollachi, Coimbatore District.
2.The Executive Engineer, Water Resources Department, Public Works Department, Aliyar Basin Division, Parambikulam Aliyar Project, Makkinampatti, Pollachi, Coimbatore District.
3.The Inspector of Police, Pollachi Taluk Police Station, Pollachi, Coimbatore District.
4.The Sub-Inspector of Police, Vadakkipalayam Police Station, Vadakkipalayam, Pollachi Taluk, Coimbatore District.
W.P.No.14788 of 2019
and W.M.P.Nos.14769 & 14770 of 2019 http://www.judis.nic.in 5 22.05.2019 http://www.judis.nic.in