M NATARAJAN Vs. DISTRICT COLLECTOR, TIRUVANNAMALAI DISTRICT

JUDGEMENT

(1.) The appellant herein filed a writ petition in W.P.No.6070 of 2017 before this Court praying for quashing the order passed by the first respondent dated 07.06.2016 and for a direction to the first respondent to stop construction of a Well by using explosives at Narasingapuram Madura Kuppam, Tiruvannamalai District, by the respondents 3 to 5. It was contended by the appellant before the writ Court that the respondents 3 to 5 were digging a Well within a distance of 150 metres from the appellant's land and therefore, they should be prevented from digging the Well within the said limit. It was also contended that the respondents 3 to 6 are digging the Well using explosives, causing hardship to the appellant. The learned single Judge dismissed the writ petition on 20.03.2018 observing that the restriction with regard to digging of Well within a distance of 150 metres is exempted in respect of agricultural lands and in respect of using explosives, the learned single Judge held that the first respondent has considered all the facts and circumstances of the case and has passed a detailed order and hence the same cannot be said to be erroneous.

(2.) Challenging the order passed in the writ petition, the present writ appeal has been filed.

(3.) When this appeal was taken up, the learned Special Government Pleader appearing for the respondents 1 and 2 has produced the letter of the District Collector, Tiruvannamalai District, addressed to the Government Advocate, Madras High Court, in Na.Ka.No.C3/3267/2018 dated 20.07.2018, in which it is stated that after a detailed enquiry, the Tahsildar, Chetpet, has submitted a report on 20.07.2018 that the Well in question is only in the old stage and till now, the said Well has not been dug using explosives. Producing the said letter, the learned Special Government Pleader submitted that the apprehension of the appellant that the authorities will use explosives to dig the Well, need not be entertained.