M.Madheswari v. The Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.8920 of 2021 M.Madheswari ... Petitioner Vs.
1.The Chief Secretary Government of Tamil Nadu, Secretariat, 2.The Secretary Public Works Department, Secretariat.
3.The Chief Engineer Department of Water Resources, Trichy.
4.The District Collector, Salem District.
5.The District Executive Engineer, Public Works Department, Salem.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to take action on the representation of the petitioner dated 05.10.2020 and further direct them to arrange to store water in the Kariyakovil Dam and save the people living in the villages namely Pudupapanaickenpatti, Old Pappanaickenpatti, Kompanakkaadu, Periya Moolapadi, Chinnamoolapadi, Arasanatham, Mettukkadu, Ezhupuli, Agathavalavu, Indiranagar, Veebanpalayam, Navasakthi Nagar, Eleanthavala coming under Pappanayakkanpatti Panchayat, Peddanaickenpalayam Taluk, Salem District, their livestock and wild animals from water scarcity problem.
For Petitioner : Mr.E.C.Ramesh
For Respondents : Mr.V.Jayaprakash Narayanan State Government Pleader
ORDER
(made by SENTHILKUMAR RAMAMOORTHY, J.) The petitioner, who is the president of the Pappanayakkanpatti Panchayat, Peddanaickenpalayam Taluk, Salem District, complains that the inhabitants of several villages, which are named in the petition, including Pappanayakkanpatti, have been deprived of their only source of water.
2. It is asserted that the inhabitants of these villages are entirely dependent on the water, which is stored in the Kariyakovil Dam. The writ petitioner asserts that the river bed gates of such dam have been opened thereby depriving the inhabitants of the villages of water. In this connection, it is stated that a representation was made on October, 05, 2020 on behalf of the villagers, but no action has been taken thereon.
3. Mr.V.Jayaprakash Narayanan, learned State Government Pleader, accepts notice on behalf of all the respondents and submits that the third respondent is the appropriate authority to consider and dispose of the representation of the petitioner.
4. In the aforesaid facts and circumstances, without examining the merits of the matter, the third respondent is directed to consider the representation of the petitioner dated 05.10.2020 and dispose of the same by a reasoned order within a period of eight weeks from the date of receipt of a copy of this order after providing a reasonable opportunity to all parties affected thereby.
5. W.P.No.8920 of 2021 is disposed on the above terms. There will be no order as to costs.
Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar rrg To:
1.The Chief Secretary Government of Tamil Nadu, Secretariat,
2.The Secretary Public Works Department, Secretariat.
3.The Chief Engineer Department of Water Resources, Trichy.
4.The District Collector, Salem District.
5.The District Executive Engineer, Public Works Department, Salem.
+1CC TO M/S.SPECIAL GOVERNMENT PLEADER, SR.NO. 22502 +1CC TO MR.EC.RAMESH, ADVOCATE, SR.NO. 22402 W.P.No.8920 of 2021 PL(CO) KKN 28.04.2021