Madras High CourtWP/5226/2021dismissed as infructuous

M.Sivanatham v. The District Collector

2024-04-25Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.5791 of 2021 M.Sivanatham ... Petitioner -Vs1.The District Collector, District Collector Officer, Coimbatore-641 018 2.The Tahsildar, Taluka Office, Pollachi-642 001.

3.The Assistant Director (Geology and Mines), Ground Water Resources Department, Coimbatore ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to forbear the respondents herein from interfering with the right of the petitioner to draw water from his own land situate in S.No.44/2, Unjavalampatti, Pollachi Taluk, Coimbatore District-642 003, for the purpose of meeting his fundamental needs of using the water for commercial purpose and for the use for the needy.

For Petitioner : Mr.V.Srimathi For R1 & R2 : Mr.S.Arumugam Government Advocate For R3 : Mr.E.Vijay Anand Additional Government Pleader

ORDER

This Writ Petition has been filed forbearing the respondents from interfering with the right of the petitioner to draw water from his own land situated at S.No.44/2, Unjavalampatti, Pollachi Taluk, Coimbatore Distrit - 642 003 for the purposes of meeting his fundamental needs of using the water for commercial purpose.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. A perusal of the counter filed by the second respondent reveals that already the electricity service connection itself has been disconnected, since the petitioner had drawn water for commercial purpose. Therefore, now no activity is being carried on by the petitioner. Hence, the prayer sought for in this writ petition has become infructuous.

4. Accordingly, this Writ Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. No costs.

25.04.2024 Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp To 1.The District Collector, District Collector Officer, Coimbatore-641 018 2.The Tahsildar, Taluka Office, Pollachi-642 001.

3.The Assistant Director (Geology and Mines), Ground Water Resources Department, Coimbatore

G.K.ILANTHIRAIYAN, J.

Lpp 25.04.2024