Thanganallukoothan v. The Addl Chief Secretary

ORDER This writ petition is filed for Writ of Certiorarified Mandamus to quash the impugned order, dated 26.05.2021 with a consequential direction to recall the 'No Objection Certificate' issued in favour of the 6th respondent.

¶2Heard Mr.VR.Shanmuganathan, the Learned Counsel appearing for the petitioner, Mr.B.Saravanan, the Learned Additional Government Pleader appearing for the respondents 1 to 4, Mr.K.Muraleedharan, the Learned Counsel appearing for the 5th respondent, Mr.T.Leninkumar, the Learned Counsel appearing for the 6th respondent and perused the material documents available on record.

¶3The petitioner is an Ex-President of Village Panchayat of Nattumangalam Village Panchayat, Aranthagi Panchyat Union, Aranthangi Taluk, Pudukkottai District and he is an Agriculturist. The petitioner came to know that the 6th respondent was making arrangement for establishing retail outlet petrol bunk in S.F.No.62/2A4 of Eattiyathali Villge, Aranthangi Taluk, Pudukkottai District.

¶4The contention of the petitioner is that a water channel passes through S.F.No.46 which is very much adjacent and abutting to the aforesaid S.F.No.62/2A4. Also, agricultural lands and worshipping places are situated within the close proximity of S.F.No.62/2A4. Hence, the petitioner had submitted an objection petition to the 3rd respondent requesting not to issue "No Objection Certificate" to the 6th respondent. The 3rd respondent has passed the impugned order, dated 26.05.2021. The 3rd respondent had considered the petitioner's objection and has rejected the same vide impugned order dated 26.05.2021. The reason cited is that the 6th respondent has not blocked the free flow of water, infact the 6th respondent had already put up a channel, so that there will be free flow of water.

¶5The petitioner relied on the conditions stated in the "No objection Certificate" given by the Division Engineer, State Highways Department, Pudukkottai, in his proceedings No.Ka.No.1231/2020/Ee.Va.Aa.2, dated

19.10.2020, wherein it is stated as under: "3. mZFr;rhiy mikf;Fk; ,lj;jpy; rhiyapypUe;J topAk; kioePh; tbe;J> mikaTs;s rpWghyj;jpd; topahfr; nry;YkhW mikf;fg;gl Ntz;Lk;.

¶4mZFr;rhiy kw;Wk; rpWghyk; (Culvert) Kjypatw;wpd; XLjs kl;lk; jhh; rhiyapd; tpspk;gpypUe;J 0.15 kPl;lh; jho;thf ,Uf;FkhW mikf;fg;gl Ntz;Lk;.

¶5rpWghyj;jpd; mfyk; 7.00 kPl;lUf;F Fiwahky; mikf;fg;gl Ntz;Lk;."

¶6Therefore, this Court is of the considered opinion that the prayer in the writ petition cannot be granted, since the petitioner is seeking relief to cancel the 'No Objection Certificate'. However, the respondents are directed to inspect the spot and verify whether the 6th respondent constructed the channel as per the Circular. Also ensure there is free flow of water in the channel. If the channel is not put up as per the circular, the respondents may take steps to ensure that the channel is put up as per the circular.

¶7With these directions and observations, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

21.09.2023 Index : Yes / No Internet : Yes

ksa To

¶1The Additional Chief Secretary, Revenue and Disaster Management, Secretariat, Chennai.

¶2The District Collector, Pudukottai District, Pudukottai.

¶3The District Revenue Officer, The District Revenue Office, Pudukottai District.

¶4The Block Development Officer, Aranthangi, Pudukottai District.

¶5The Territory Manager, Indian Oil Corporation Limited, Divisional Office, 3rd Shesathri Road, Thillai Nagar, Trichy District.

S.SRIMATHY. J ksa

21.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2023 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 11089 of 2021 and W.M.P(MD)No.8699 of 2021 Thanganallukoothan ... Petitioner Vs. 1. The Additional Chief Secretary, Revenue and Disaster Management, Secretariat, Chennai. 2. The District Collector, Pudukottai District, Pudukottai. 3. The District Revenue Officer, The District Revenue Office, Pudukottai District. 4. The Block Development Officer, Aranthangi, Pudukottai District. 5. The Territory Manager, Indian Oil Corporation Limited, Divisional Office, 3rd Shesathri Road, Thillai Nagar, Trichy and District. 6. C. Rajarathinam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for records of the 2nd respondent passed in No.Na.Ka.C3/14248/2020, dated 26.05.2021 and set aside the same and consequently direct the 3rd respondent to recall the 'No objection Certificate' issued in favour of 6th respondent. For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mr.B.Saravanan, Additional Government Pleader,for R-1 to R-4 Mr.K.Muraleedharan, for R-5 Mr.T.Leninkumar, for R-6