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Madras High CourtWA/376/2017disposed of

Mr.A.Shanmugasundaram v. State Of Tamilnadu

2017-04-13Honourable Mr Justice Huluvadi G. Ramesh,Honourable Dr. Justice S. Vimala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2017 Coram The Honourable Mr.Justice HULUVADI G.RAMESH, and The Honourable Dr.Justice S.VIMALA W.A.NO.376 OF 2017 A.Shanmugasundaram ..

Appellant versus

1. State of Tamil Nadu, rep. by Secretary to Government, Public Works Department, Fort St.George, Chennai-600 009.

2. The Chief Engineer, Public Works Department, Water Resources Organization, Coimbatore-641 001.

3. The Superintending Engineer, Public Works Department, Water Resources Organization, Parambikulam Aliyar Basin Circle, Maickaraickanpatty, Pollachi-642 003.

4. Tamil Nadu Electricity Board, rep. by its Chairman, Anna Salai, Chennai-600 002.

5. The Chief Engineer - Hydal, Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002.

For Appellant : Mr.AR.L.Sunderasan, SC for Mr.K.Govi Ganesan For Respondent : Mr.A.Srijayanthi, Spl.GP for R1 to R3 Mr.K.Rameshwar for R4&R5 Prayer: Writ Appeal is filed under Clause 15 of the Letters Patent, against the order of the learned single Judge dated 2.3.2017 in W.P.No.220 of 2017.

JUDGMENT

(Judgment of the Court was made by HULUVADI G. RAMESH, J.) This Writ Appeal has been directed against the order of the learned single Judge dated 2.3.2017 in W.P.No.220 of 2017, disposing the writ petition filed by the appellant herein, seeking to direct the respondents to release the water from Aliyar Dam through feeder channels for irrigation of sugarcane and paddy in and around Annamalai area, with a direction to release atleast

100 mcft of water to save the standing crops. 2.

On earlier occasion, when this Writ Appeal is taken up, we directed the learned Government Pleader to get instructions with regard to feasibility of releasing water atleast in order to save the standing crops. Pursuant to the same, one Mr.P.Thiyagarajan, Superintending Engineer, PWD, Parambikulam Aliyar Basic Circle, Pollachi appeared before us and submitted that they are ready to release the water for a period of five days. 3.

Water is the basic need for survival of humanity and all species on earth including plants. Considering the fact that there were standing crops ripe for harvesting and atleast in order to save the same, we feel it appropriate to direct the respondents to release the water for a period of five days as agreed now by the Superintending Engineer. Accordingly, the respondents are directed to release the water for a period of five days, i.e. from 17.04.2017 to 21.4.2017 from Aliyar Dam for the fields in and around Annamalai area.

With the above direction, this Writ Appeal is disposed of. No costs.

Suk (H.G.R.,J.) (S.V.,J.) 13.04.2017 To

1. State of Tamil Nadu, rep. by Secretary to Government, Public Works Department, Fort St.George, Chennai-600 009.

2. The Chief Engineer, Public Works Department, Water Resources Organization, Coimbatore-641 001.

3. The Superintending Engineer, Public Works Department, Water Resources Organization, Parambikulam Aliyar Basin Circle, Maickaraickanpatty, Pollachi-642 003.

4. Tamil Nadu Electricity Board, rep. by its Chairman, Anna Salai, Chennai-600 002.

5. The Chief Engineer - Hydal, Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002.

HULUVADI G.RAMESH, J.

and DR.VIMALA, J.

suk W.A.NO.376 OF 2017 13.04.2017 http://www.judis.nic.in