Oceanic Tropical Fruits v. Central Ground Water Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.11169 of 2011 and M.P.No.1 of 2011 Oceanic Tropical Fruits Private Limited, A Company duly incorporated Under Companies Act, 1956, having its Office at Pudukuppam village, Mandavai post, Marakkanam, Tindivanam Taluk, Villupurm District, Tamil Nadu - 604 303

...Petitioner

Vs Central Ground Water Board, South Eastern Coastal Region, Besant Nagar, Chennai - 600 090 through its Regional Director.

... Respondent PRAYER: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondent and its officers from restraining the petitioner from drawing groundwater from its borewell located at Pudukuppam village, Mandavai Post, Marakkanam, Tindivanam Taluk, Villupuram District, Tamil Nadu - 604 303 for manufacturing the product. For Petitioner : Mr.Krishna Srinivasan For M/s.S.Ramasubramanian and Associates For Respondent : No appearance

ORDER

The relief sought for in the present writ petition is to forbear the respondent and its officers from restraining the petitioner from drawing groundwater from its borewell located at Pudukuppam village, Mandavai Post, Marakkanam, Tindivanam Taluk, Villupuram District, Tamil Nadu - 604 303 for manufacturing the product.

https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel for the petitioner states that the Company has already gone under liquidation through order dated 31.10.2018 and in spite of the efforts stated by them, they could not able to secure instructions to get along with the matter.

3. However, the relief sought for in the year 2011 to forbear the respondents from restraining the petitioner from drawing ground water cannot be considered at this length of time as extraction of ground water is now regulated by the Government by issuing Regulations and orders.

4. This being the factum, the relief as such sought for cannot be granted and accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar nti/kak To The Regional Director, Central Ground Water Board, South Eastern Coastal Region, Besant Nagar, Chennai - 600 090 W.P.No.11169 of 2011 PA(CO) GMY(07/12/2021) https://hcservices.ecourts.gov.in/hcservices/