Arthanaripalayam Panchayat v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.12779 & 12780 of 2016 and W.M.P.Nos.11177 & 11178 of 2016 Arthanaripalayam Panchayat Anamalai Union, Represented by its President, Reddiarur Post, Pollachi Taluk. ...Petitioner in W.P.No.12779/2016 S.Nallur Panchayat, Pollachi South Union, Represented by its President Reddiarur Post, Pollachi Taluk. ...Petitioner in W.P.No.12780/2016 Vs
1. The Principal Secretary to Government, P.W.P1 Department, Fort St.George, Chennai - 600 009.
2. The Chief Engineer (WRO) Ground Water - Water Resources Organization Tharamani, Chennai.
3. The Superintending Engineer (WRO) Ground Water Circle, Vallam, Tanjore.
4. The District Collector, Coimbatore District, Coimbatore.
5. The District Collector, Tiruppur District, Tiruppur.
...Respondents in both W.Ps
COMMON PRAYER : Writ Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, forbearing the 2nd and 3rd respondents from constructing the check dam on the Nallar river, Arthanaripalayam Village, Pollachi Taluk, Coimbatore District.
For Petitioner : Mr.M.Palani [in both W.Ps] For Respondents : Mr.K.M.D.Muhilan Government Advocate [in both W.Ps] COMMON ORDER The relief sought for in these present writ petitions is to forbear the 2nd and 3rd respondents from constructing the check dam on the Nallar river, Arthanaripalayam Village, Pollachi Taluk, Coimbatore District.
2. The learned Government Advocate appearing on behalf of the respondents made a submission that the constructions were completed in all respects on 13.06.2016 and the said Dam became functional. The fact remains that the Dam was constructed for the benefit of the people at large and for irrigation and it is the policy decision of the Government.
3. Thus, the relief as such sought for in the writ petitions cannot be granted and accordingly, both the writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kak To
1. The Principal Secretary to Government, P.W.P1 Department, Fort St.George, Chennai - 600 009.
2. The Chief Engineer (WRO) Ground Water - Water Resources Organization Tharamani, Chennai.
3. The Superintending Engineer (WRO) Ground Water Circle, Vallam, Tanjore.
4. The District Collector, Coimbatore District, Coimbatore.
5. The District Collector, Tiruppur District, Tiruppur.
+1cc to Mr.M.Palani, Advocate, S.R.No.48459 +1cc to the Government Pleader, S.R.No.48603 +1cc to the Government Pleader, S.R.No.48579 W.P.Nos.12779 & 12780 of 2016 PM(CO) RGA(05/10/2021)