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Madras High CourtWP/2601/2023disposed of with direction

S.Chinnusamy v. The Special Chief Engineer

2025-09-16Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI S.Chinnusamy ... Petitioner vs.

1. The Special Chief Engineer PWD W.R.O., Public Works Department, Upper Kaviri Drainage Division, Salem, Salem District 636 007.

2.The Executive Engineer, PWD - WRO, Public Works Department Mettur Dam Division, Mettur Dam, Salem District 3.The Superintending Engineer TANGEDCO, Mettur Electricity Distribution Circle Mettur Dam Salem District.

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4.Sivasakthi Agriculturist Lift Irrigation Society Rep. by its President No. 3 / 520B Chemical Plaza, Salem Main Road, Akkammapettai Post Sankagiri 637 301 5.Morepalayam Circle Agriculturist Lift irrigation Society Rep. by its President 11 / 117 Thattankadu Vattur Post Tiruchengaode Taluk Namakkal District - 637 205.

.... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, directing the 1st respondent to consider petitioners representation dated 28.11.2022 sent to the respondents to cancel the permit and remove the pipeline from petitioner lands for violation of the order of the 1st respondent dated 12.11.2020 and 16.12.2020 in proceedings in Letter No. Vapa / VaA1 / Ko. 145 / 109Pala / 2020 and 16.12.2020 by the respondents 4 and 5. For Petitioner : Mr.R. Prabakar For Respondents : Mrs.S. Anitha Spl. Govt. Pleader for R1 & R2 Mr.S. Jayachandran for R4 & R5

ORDER

This writ petition has been filed for a Mandamus seeking direction to the 1st respondent to consider the petitioner's representation, dated 28.11.2022.

2. It is stated that the petitioner is the owner of the land measuring an 2/6

extent of 1.50 Acres in S.F. No.216, Pullagoundanpatti. It is his grievance that without his knowledge, the official respondents laid pipeline in his land. Hence, he submitted representation to the respondents for removal of such pipeline. But the respondents have not taken any action, till date on the said representation. Hence, the petitioner has approached this Court with the aforesaid prayer.

3. Learned counsel for the petitioner submits that it would suffice, if a direction is issued to the 1st respondent to consider the petitioner's representation, dated 28.11.2022, within a time frame to be fixed by this Court.

4. Learned Special Government Pleader appearing for the respondents 1 and 2 has stated no objection for issuing such a direction by this Court.

5. Considering the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 1st respondent to consider the petitioner's representation, dated 28.11.2022 on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within 3/6

a period of six weeks from the date of receipt of a copy of this order. No costs. 16.09.2025 Index : Yes / No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To

1. The Special Chief Engineer PWD W.R.O., Public Works Department, Upper Kaviri Drainage Division, Salem, Salem District 636 007.

2.The Executive Engineer, PWD - WRO, Public Works Department Mettur Dam Division, Mettur Dam, Salem District 3.The Superintending Engineer TANGEDCO, Mettur Electricity Distribution Circle Mettur Dam Salem District.

4.Sivasakthi Agriculturist Lift 4/6

Irrigation Society Rep. by its President No. 3 / 520B Chemical Plaza, Salem Main Road, Akkammapettai Post Sankagiri 637 301 5.Morepalayam Circle Agriculturist Lift irrigation Society Rep. by its President 11 / 117 Thattankadu Vattur Post Tiruchengaode Taluk Namakkal District - 637 205.

M.DHANDAPANI, J.

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