1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.(MD)No.1155 of 2011 D.Roselet Anitha ... Petitioner Vs. 1.The District Collector, Kanyakumari District, Nagercoil. 2.M.A.Joe ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent herein implement in his proceedings in Na.Ka.M2/16865/2010 dated 11.06.2010 consequently the 1st respondent to restore the water channel flow in North to South direction situate in Alegiyapandiyapuram Village, Thovalai Taluk, Kanyakumari District. For Petitioner : Mr.N.S.Ramakrishna Dass For Respondents : Mr.R.Janakiramulu, Spl.G.P. for R1 Mr.M.Vallinayagam for R2 ORDER (Order of the Court was made by N.PAUL VASANTHAKUMAR,J.) The prayer in the Writ petition is for issuing a Writ of Mandamus, directing the 1st respondent to implement the proceedings in Na.Ka.M2/16865/2010 dated 11.06.2010 and consequently restore the water channel flow in North to South direction situate in Alegiyapandiyapuram Village, Thovalai Taluk, Kanyakumari District. 2.Today, the 2nd respondent has filed a counter affidavit stating that as against the order passed by the 1st respondent dated 11.06.2010, he preferred an appeal before the Commissioner of Land Administration, Chennai and the same is pending. A copy of the appeal memorandum filed before the Commissioner of Land Administration, Chennai is also produced before this Court by the learned counsel for the 2nd respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 3.In the light of the pendency of the appeal against the order of the 1st respondent, the direction sought for to implement the order of the 1st respondent cannot be granted. Hence, the Writ petition is dismissed granting liberty to the petitioner to file fresh petition after the disposal of the appeal. No costs. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To The District Collector, Kanyakumari District, Nagercoil. +1cc to The Special Govt.Pleader SR.No.9345 +1cc to Mr.N.S.Ramakrishna Dass, Advocate SR.No.9246 W.P.(MD)No.1155 of 2011 21.02.2011 nbj PA/31.03.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/