Athupalayam Pasana Vaikkal v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.24068 of 2014 and M.P.No.1 of 2014 Athupalayam Pasana Vaikkal Vivasayikal Sangam, Rep. by President, K.R.Kuzhanthai Samy.

.. Petitioner -vs1.The Secretary to Govt. Of Tamil Nadu, Rep. by its Secretary, PWD Department, Fort St. George, Chennai.

2.The District Collector, Karur, Karur District.

3.Chief Engineer (WRO) Coimbatore Region, Coimbatore.

4.Superintendent Engineer PWD Department (WRO) Bavani Basin Circle, Coimbatore.

5.Executive Engineer, Lower Bavani Basin Circle, Erode.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to implement G.O.Ms.No.175 dated 20.03.2012 to allow the water from Noyyal River through the Athupalayam Pasana kalvai to Athupalayam Dam from Muthoor Barrage for the proper agriculture operation, drinking water to the members of petitioner Sangam and for others. For Petitioner : Mr.S.Balasubramanian For Respondents : Mr.S.T.S.Moorthy Govt. Pleader, assisted by Mr.V.Shanmugha Sundar, Govt. Advocate

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner seeks implementation of G.O.Ms.No.175, Public Works (N.2) Department dated 20.03.2012, for which a representation has been made by the petitioner on 30.07.2014. The request made in the representation is to open the sluice in Muthoor barrage which leads to Athupalayam Pasana Kalvai and to allow the water through Athupalayam Pasana Kalvai to Athupalayam reservoir so as to get agricultural benefits raising ground water level and drinking water and for the use of the pet animals of the surrounding villages. 2.In view of the aforesaid, we consider it appropriate to direct the second and third respondents to consider the representation of the petitioner within two (2) months of the receipt of the order and to communicate the decision to the petitioner, after hearing all concerned.

3.Writ Petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2014 stands closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar sra To 1.The Secretary to Govt. Of Tamil Nadu, PWD Department, Fort St. George, Chennai.

2.The District Collector, Karur, Karur District.

3.Chief Engineer (WRO) Coimbatore Region, Coimbatore.

4.Superintendent Engineer PWD Department (WRO) Bavani Basin Circle, Coimbatore.

5.Executive Engineer, Lower Bavani Basin Circle, Erode.

1 cc to Mr.S.Balasubramanian , Advocate Sr.No.40488 1 cc to Government Pleader Sr.No.40366 W.P.No.24068 of 2014 ala(co) pmk.19.8.2015