Madras High CourtWP/8432/2024disposed of

C.Nallathambi v. The State Of Tamil Nadu

2024-04-01Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD C.Nallathambi ..

Petitioner Vs.

1. The State of Tamil Nadu Rep. by its Principal Secretary to the Government Public Welfare Department Chennai - 600 009.

2. The District Collector Salem Collector Office

3. The District Revenue Officer Sankari Division, Sankari - 637 301.

4. The Tahsildar Sankari Taluk Office

5. The Block Development Officer (Village Panchayat) Sankari Union Office

6. The Executive Engineer Water Resources Public Works Department Mettur Dam, Salem - 636 401.

7. The Joint Commissioner Hindu Religious and Charitable Endowments Department

8. The Chief Engineer State Ground and Surface Water Resources Date Center Tharamani, Chennai - 600 113.

9. Sri Sivasakthi Water Pumping Farmers Association Rep. by its President Mr.v.C.Kanthasamy Door No.3/520B, Chemical Plaza Akkamapettai, Iveli Village, Sakari Taluk ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, to cancel the permission granted to the 9th respondent based on the representation dated 26.02.2024 on the file of the 3rd and 4th respondents.

For the Petitioner : Mr.B.Dhiyaneswaran For the Respondents : Mr.C.Kathiravan Special Government Pleader for R1 to R4, R6 & R8 Mr.S.Ravichandran for R7 Mr.A.Edwin Prabakar State Government Pleader for R5

Ms.A.Pramila for R9

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.B.Dhiyaneswaran, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 to 4, 6 and 8, Mr.S.Ravichandran, learned counsel for respondent 7, Mr.A.Edwin Prabakar, learned State Government Pleader for respondent 5 and Ms.A.Pramila, learned counsel for respondent 9.

2. The petitioner is challenging the permission granted to respondent 9 in the year 2020.

3. Learned counsel appearing for the HR & CE Department submits that the temple has not laid any pipelines. It is submitted that permission is granted to respondent 9 and water pipelines are laid by respondent 9.

4. Representation is given by the petitioner on 26.02.2024 to respondents 3 and 4. Respondent 4 shall survey the land by issuing notice to all the parties concerned and if upon survey, any illegalities

are found, action, in accordance with law, shall be undertaken expeditiously.

5. The writ petition, accordingly, stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 01.04.2024 Index :

Yes/No :

Yes/No drm To

1. The Principal Secretary to the Government The State of Tamil Nadu Public Welfare Department Chennai - 600 009.