IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO.15736 of 2008 Between: 1 Addanki Nancharaiah S/o. Late Raghavulu R/o. Mandapakala, Kodur Mandal, Krishna District. 2 Addanki Navesh S/o. Venkateswarlu R/o. Mandapakala, Kodur Mandal, Krishna District. 3 Addanki Manikyala Rao S/o. Dharmaiah R/o. Mandapakala, Kodur Mandal, Krishna District. 4 Addanki Venkata Subba Rao S/o. Dharmaiah R/o. Mandapakala, Kodur Mandal, Krishna District. 5 Addanki Lalu Babu S/o. Nancharaiah R/o. Mandapakala, Kodur Mandal, Krishna District. 6 Addanki Mangamma W/o. Late Dharma Rao R/o. Mandapakala, Kodur Mandal, Krishna District. 7 Addanki Venkateswarlu S/o. Nancharaiah R/o. Mandapakala, Kodur Mandal, Krishna District. ...PETITIONERS AND 1 The Revenue Divisional Officer / Land Acquisition Officer, Bandar Division at Machilipatnam, Krishna District. 2 The Tahsildar (Mandal Revenue Officer ) Kodur Mandal, Krishna District. 3 The Chief Engineer (Irrigation), Errum Manzil, Hyderabad. 4 Superintending Engineer, Irrigation, Vijayawada. 5 Divisional Engineer, Irrigation, Puligadda, Krishna District 6 The District Collector, Krishna at Machilipatnam. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in digging the irrigation canal on the Northern side of the house belonging to the Petitioners bearing Nos. 3-210, 3-80, 3-209, 3- 212, 3-221 and 3-120 situated at Mandapakala, Kodur Mandal, Krishna District by blocking the way completely from the houses of the Petitioners to the main road as wholly illegal, arbitrary and violative of Articles 21 and 300-A of the Constitution of India. Counsel for the Petitioners: MR.RAVI KONDAVEETI Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: THE HON’BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO.15736 of 2008 ORDER: The petitioners alleged unlawful and unauthorized interference by the respondents, in particular, by the Irrigation Department with their properties in Mandapakala Village, Kodur Mandal, Krishna District. Petitioners own houses bearing Nos.3-209, 3-120, 3-221, 3-212, 3-209, 3-90 and 3-120 respectively. Petitioners allege that there is an irrigation canal flowing on the Southern side of their houses and the respondents are proposing to dig a canal on the Northern side of their houses, so as to connect with another canal flowing on the Eastern side. If the canal is dug, they will be left with no ingress or egress to or from their houses. Petitioners state to have made a representation dated 18.06.2008 requesting the respondents to dig the canal on the Western side. Petitioners also allege that the respondents have cut 300 palm trees located in their lands without following the due process of law. They seek appropriate relief in this Writ Petition. If the petitioners are aggrieved that the respondents are dispossessing them from their houses, obstructing any easementary rights or cutting their trees, without following the due process of law or digging a canal which blocks their ingress and egress from their properties, the petitioners have an effective alternative statutory remedy by way of pursuing an appropriate remedy before the Civil Court of competent jurisdiction. This Court is therefore not inclined to exercise discretion under Article 226 of the Constitution of India to entertain their grievance. In the circumstances, the Writ Petition is dismissed with liberty to the petitioners to pursue appropriate alternative remedies. __________________ (GODA RAGHURAM, J) 22nd July 2008 Note: CC by tomorrow B/O RRB