Karumbakkam Lake Water v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
Dated : 03.07.2020 THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.8718 of 2020 Karumbakkam Lake Water Utilizing Welfare Association rep. by its President Mr.T.Selvaraj, Karumbakkam Village, Kadukkalur, Cheyyur Taluk, Chengalpattu District.
... Petitioner vs.
1.The Superintending Engineer, Water Resources Department, Palar River Basin Circle, Chepauk, Chennai-5.
2.The Executive Engineer, PWD, WRO, Keel Palar Basin Circle, Kanchipuram.
3.The Assistant Executive Engineer, PWD, WRO, Kili River Basin Sub-Circle, Madurantakam, Chengalpattu District.
4.Lake Irrigation Association rep. by its President Mr.:Pon.Chellappan, Karumbakkam Village, Kadukkalur Post, Cheyyur Taluk, Chengalpattu District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 01.06.2020 and grant permission to kudimaramarathu work in favour of Karumbakkam Lake Water Utilizing Welfare Association. For Petitioner : Mr.M.P.Saravanan For Respondents : Mr.J.Ramesh, AGP
O R D E R
Mr.J.Ramesh, learned Additional Government Pleader, takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.
2.The present Writ Petition has been filed seeking a mandamus, directing the respondents 1 to 3 to consider the
petitioner's representation dated 01.06.2020 and grant permission for doing kudimaramarathu work in favour of Karumbakkam Lake Water Utilizing Welfare Association. 3.It is the case of the petitioner that the fourth respondent was involved in the case of misappropriation of funds, while undertaking the work of removing prosopis Juliflora trees, on previous occasion and criminal proceeding was initiated against them, which was subsequently closed. Again, in respect of the same offence, the petitioner lodged a complaint against the fourth respondent on 29.12.2015 before the first respondent, who inturn directed the second respondent to conduct enquiry and file a report. Accordingly, the second respondent filed a detailed report on 22.05.2020 to the third respondent. However, the third respondent is now, trying to give Kudimaramarathu work to the fourth respondent, which compelled the petitioner to submit a representation to the respondents 1 to 3 to give the said work to them. However, the said representation is pending without any action. Hence, this writ petition.
4.Considering the limited prayer made in the Writ Petition, without expressing any opinion on the merits of the matter, the respondents 1 to 3 are directed to consider the representation of the petitioner dated 01.06.2020 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of prsonal hearing to the petitioner, fourth respondent as well as any other interest parties, within a period of eight weeks from the date of uploading the copy of this order in the website.
5.With the above direction, the Writ Petiton is disposed of. No costs.
-s/d- Assistant Registrar True copy Sub-Assistant Registrar tsi To 1.The Superintending Engineer, Water Resources Department, Palar River Basin Circle, Chepauk, Chennai-5.
2.The Executive Engineer, PWD, WRO, Keel Palar Basin Circle, Kanchipuram.
3.The Assistant Executive Engineer, PWD, WRO, Kili River Basin Sub-Circle, Madurantakam, Chengalpattu District.
W.P.No.8718/2020 rjl(co) aa10/09/2020