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Madras High CourtWP/50485/2025disposed of

R.Sasikumar v. The State Of Tamilnadu

2025-12-26Honourable Mr.Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN AND WMP No. 56529 OF 2025 R.Sasikumar S/o.Arjunan @ Ramasamy Petitioner Vs

1. The State of Tamilnadu Rep by the Additional Chief Secretary to Government, Public Works Department, Secretariat, St.Fort George, Chennai- 600 001.

2.The Chief Engineer Water Resources Department, Chennai Region, Chepauk, Chennai- 600 005.

3.The Executive Engineer Water Resources, Public Works Department, Dharmapuri.

4.The Assistant Executive Engineer Water Resources Department, 5.The Assistant Executive Engineer Public Works Department, Planning and Design, Krishnagiri Sub Division, 1/1

6.The District Collector, 7.The District Revenue Officer, 8.The Special Tashildar (L.A) Ennekol Anaicut Right And Left Side Canal Plan, Krishnagiri, Respondents PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 4th Respondent to survey the land of the proposed acquisition in the same survey Numbers without causing damage to the house, bore wells, cremation area of forefathers, etc., in S.No.342/19, 343/13 and 343/14 situated at Mittahalli village, Krishnagiri Taluk and District as per the letter of the 4th respondent dated 13.12.2025. For Petitioner:

Mr.K.Balu For Respondents:

Mr.M.Rajendran Additional Government Pleader

ORDER

The petitioner is the owner of the property situated in Survey Nos.342/19, 343/13 and 343/14 of Mittahalli Village, Krishnagiri Taluk and District. The Government of Tamil Nadu decided to create a new canal running adjacent to the existing Ennekol Anaicut. The petitioner has three houses as well as a dug bore well, water tanks and cremation areas in Survey No.342/19. Hence, he gave an objection on 01.06.2020 for the proposed canal which will result in the demolition of houses as well as obliterating the bore well and the existing burial site.

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2. The objections were not considered on the ground that compensation has already been paid to the nearby owners and the Government had taken over the lands. In addition, it was pointed out to the petitioner that it is not possible for change of plan. The petitioner approached the 4th respondent and ventilated his grievance. Considering the petitioner's plea, the 4th respondent directed all the persons whose names are found in the joint patta to appear before him and file a notarized affidavit. The petitioner states that he had appeared before the 4th respondent as directed and was informed that the request for the canal being drawn elsewhere other than the house property and graveyard would not be considered. Hence, the petitioner is before this Court.

3. When the matter was taken up for hearing, Mr.M.Rajendran, learned Additional Government Pleader representing the Government, has produced the following instructions:- 3/3

4.

Mr.M.Rajendran, learned Additional Government Pleader states that if the petitioner files an affidavit of all the land owners as seen from his instructions in the penultimate and final paragraph, the same would be considered.

5.

Learned Additional Government Pleader states that if the petitioner and other co-owners appear on 06.01.2026 at 11.00 am in the office of the 8th respondent and file the affidavit as per the aforesaid instructions, the request of the petitioner will be considered. This statement is recorded. The petitioner shall appear on 06.01.2026 along with the persons, whose names are found in the joint patta and file an affidavit as instructed above. Mr.M.Rajendran, Additional Government Pleader states that the 8th respondent will inform the 4th respondent to be present on the aforesaid date so as to work out a solution. This writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

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To 1.The State Of Tamilnadu Rep by the Additional Chief Secretary to Government, Public Works Department, Secretariat, St.Fort George, Chennai- 600 001.

2.The Chief Engineer Water Resources Department, Chennai Region, Chepauk, Chennai- 600 005.

3.The Executive Engineer Water Resources, Public Works Department, Dharmapuri.

4.The Assistant Executive Engineer Water Resources Department, 5.The Assistant Executive Engineer Public Works Department, Planning And Design Krishnagiri Sub Division, 6.The District Collector 7.The District Revenue officer 8.The Special Tashildar (L.A) Ennekol Anaicut Right And Left Side Canal Plan Krishnagiri, Krishnagiri District.

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V.LAKSHMINARAYANAN J.

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