R.Soundarajan Age 20 v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Soundarajan .. Petitioner Vs 1 The Collector Salem Collectorate Kottai Main Road Salem - 636 001.
2 The Revenue Divisional Officer Sankari Taluk Sankari Salem District.
3 The Tahsildar Sankari Taluk Sankari Salem District.
4 The Superintending Engineer Highways (Building and Maintenance) Omalur Main road Salem - 636302 5 The Superintending Engineer TANGEDCO Salem, Salem District.
6 N.Periannan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing to consider the representation by the 1st respondent and stop water drawing from the illegal well situated at Thevur Village, Sangagiri Taluk, Salem District, Sarabanga River bed and dispose the same.
For the Petitioner : Mr.T.Sivagnanasambandan For the Respondents : Mr.Abishek Murthy Government Advocate for respondents 1 to 4 : Mr.P.Valliappan Senior Counsel for M/s.P.V.Law Associates for 6th respondent : Mr.I.Syed Sibghatulla for 5th respondent
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.T.Sivagnanasambandan, learned counsel for the petitioner; Mr.Abishek Murthy, learned Government Advocate for respondents 1 to 4; Mr.I.Syed Sibghatulla, learned counsel for the fifth respondent; and, Mr.P.Valliappan, learned Senior Counsel for M/s.P.V.Law Associates for the sixth respondent.
2. It is submitted that a representation has been given to the first respondent to stop drawing water illegally from the well situated in Thevur Village. The sixth respondent has no permission. It is further submitted that the Tahsildar has informed the petitioner that no permission has been obtained by the sixth respondent.
3. An affidavit is filed by the fourth respondent. It is stated that the Divisional Engineer, Highways Department, has issued the permission letter dated 6.6.2020 with 18 conditions for laying the pipelines. The officials of the Highways Department have granted permission on 6.6.2020 after receiving the restoration charges to lay the pipeline. The affidavit further states that there is no prohibition for transportation of water through pipeline for agricultural purpose. Along with the sixth respondent, four other persons also sought permission and they were granted permission.
4. In view of the affidavit filed by the fourth respondent, no further orders need be passed in the writ petition. The petitioner has already filed a representation. The authority concerned may
consider the representation on its own merits. The writ petition is disposed of accordingly. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 16.02.2024 Index :
Yes/No Yes/No sasi To 1 The Collector Salem Collectorate Kottai Main Road Salem - 636 001.
2 The Revenue Divisional Officer Sankari Taluk Sankari Salem District.
3 The Tahsildar Sankari Taluk Sankari Salem District.
4 The Superintending Engineer Highways (Building and Maintenance) Omalur Main road Salem - 636302 5 The Superintending Engineer TANGEDCO Salem, Salem District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) 16.02.2024