A.M.Sundaravel v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21.03.2022 Coram:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.3114 of 2022 A.M.Sundaravel

...Petitioner

Vs.

1. The Principal Secretary, Public Work Department, (PWD), Secretariat Building, State of Tamil Nadu, Chennai-600 009.

2. The Principal Chief Engineer, General (and) Chief Engineer, P.W.D/W.R.O, Chepauk, Chennai-600 005.

3. The Chief Engineer, P.W.D/W.R.O, Trichy Region, Trichy-625 020.

4. The Superintendent Engineer, P.W.D/W.R.O, Nadukaveri Irrigation Division (Circle), Trichy-625 020.

5. The District Collector, Trichy District, Trichy.

6. The Executive Engineer, P.W.D/W.R.O, River Protection Circle (Division), Trichy-20.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to rectify the process of cleaning the bed of the pond namely Kumaresapuram Pond situated at Kumaresapuram Village, Tiruverumbur Taluk, Trichy District by following the proper method prescribed in the guidelines mentioned in the G.O. (D).No.173 Public Works (W2) Department, dated 02.07.2019 within a stipulated period as framed by this Court.

For petitioner :

Mr.A.M.Sundaravel, Party-in-Person For respondents :

Mr.J.Ravidran, Additional Advocate General assisted by Mr.A.Selvendran, Spl.Government Pleader and Mr.S.J.Mohammed Syed, Government Advocate

ORDER

(The Order of the Court was made by The Honourable Chief Justice) This Writ Petition (Public Interest Litigation) is filed seeking a direction of rectification of the process of cleaning the bed of the pond situated at Kumaresapuram Village, Tiruverumbur Taluk, Trichy District, by following the proper method prescribed in the guidelines mentioned in G.O.(D).No.173, Public Works (W2) Department, dated 02.07.2019.

2. Status report has been submitted by the sixth respondent to indicate that the cleaning work has already been undertaken and therefore, the Writ Petition has become infructuous.

3. The status report is objected to by the petitioner, though he is not residing in the area in which the pond exists, but in different area. The petitioner-in-person submits that he is an ex-employee of the Public Works Department (P.W.D) and visit different Districts of the State of Tamil Nadu as per the news flash regarding the improper maintenance of the pond. It is admitted that he has not visited the pond in question recently.

4. In view of the above and taking note of the status report submitted by the respondents showing that the cleaning work of the pond has already been undertaken, we dispose of this Writ Petition, with liberty to the petitioner-in-person to seek revival of the Writ Petition or file fresh Writ Petition stating that cleaning work of the pond has not been taken properly and for that, no wrong information has been supplied to the Court. No costs.

Sd/- Assistant Registrar(CS) // True Copy // Sub Assistant Registrar cs/grs

To

1. The Principal Secretary, Public Work Department, (PWD), Secretariat Building, State of Tamil Nadu, Chennai-600 009.

2. The Principal Chief Engineer, General (and) Chief Engineer, P.W.D/W.R.O, Chepauk, Chennai-600 005.

3. The Chief Engineer, P.W.D/W.R.O, Trichy Region, Trichy-625 020.

4. The Superintendent Engineer, P.W.D/W.R.O, Nadukaveri Irrigation Division (Circle), Trichy-625 020.

5. The District Collector, Trichy District, Trichy.

6. The Executive Engineer, P.W.D/W.R.O, River Protection Circle (Division) Trichy-20.

+1cc to the Government Pleader, Sr.No.19191 W.P.No.3114 of 2022 GSM(CO) RN(30/03/2022)