Madras High CourtWP/12315/2023dismissed

J.Revathy v. State Of Tamilnadu

2023-12-13Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.12149 of 2023 J.Revathy .. Petitioner -vs1. State of Tamil Nadu, Rep. by its Secretary, Public Works (R2) Department, Fort St. George, Chennai 600 009.

2. The Chief Engineer, State Ground and Surface Water Resources Data Centre, Public Works Department, Taramani, Chennai 600 113.

3. The Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.8, Gandhi Irwin Road, Egmore, Chennai 600 008.

4. The District Collector, Thiruvallur District, Thiruvallur.

5. The Revenue Divisional Officer, Ponneri Taluk, Thiruvallur District.

6. The Tahsildar, Ponneri Taluk, Ponneri, Thiruvallur District.

7. The President, Thirunilai Panchayat, Ponneri Taluk, Thiruvallur District 600 103.

8. Mettrocal Beveragers India Pvt. Ltd., Rep. by its Proprietor, Mr.Ravichandran.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondetns 1, 2, 4 to 7 to forthwith take necessary and appropriate action preventing the 8th respondent from illegally, unauthorizedly and without approval extracting of ground water in its premises in No.17/1, 17/4, Kodipallam Village, Thirunilai, Ponneri Taluk, Thiruvallur District 600103 and further direct the 3rd respondent to initiate action as per law for the unauthorized construction of office building put up by the 8th respondent in the same premises, based on the representations dated 19.09.2022, 26.09.2022, 22.10.2022 & 07.11.2022 made by the petitioner and other villagers within a time frame fixed by this Court.

For the Petitioner :

Mr.S.Sathia Chandran For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for RR 1, 2, 4 to 6

Mr.R.Sivakumar for R-3 :

Mr.S.P.Patel for R-8 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.S.Sathia Chandran, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondent Nos.1, 2 and 4 to 6 and Mr.R.Sivakumar, learned counsel for respondent No.3 and Mr.S.P.Patel, learned counsel for respondent No.8.

2. The learned counsel for the 8th respondent submits that he has permission of the statutory authorities to extract ground water.

3. Today, the learned State Government Pleader has placed on record the renewal of No Objection Certificate issued to the 8th respondent. The said renewal certificate is valid upto 21.03.2024.

In light of that, the relief claimed cannot be granted. The writ petition as such is dismissed. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. (S.V.G., CJ.) (D.B.C., J.) 13.12.2023 Index : Yes/No : Yes/No sra To

1. The Secretary to Govt. of Tamil Nadu, Public Works (R2) Department, Fort St. George, Chennai 600 009.