R.Rama Ravindra Kumar v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Rama Ravindra Kumar .. Petitioner Vs 1.The District Collector, Thiruvallur District, Thiruvallur-602 001.
2.The Revenue Divisional Officer, Thiruvallur District, Thiruvallur-602 001.
3.The Chief Engineer, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chinthripet, Chennai-600 002.
4.The Executive Engineer, Public Works Department, Thiruvallur District, Thiruvallur-602 001.
5.The Tahsildar, Poonamallee Taluk, Poonamallee, Chennai-600 056.
6.The Executive Officer, Sri Varadharaja Perumal Temple, Poonamallee, Chennai-600 056.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 5 to consider the petitioner's representation dated 20.11.2018 and immediately to act thereupon by the respondents 1 to 5 forthwith by taking stringent legal action on the antisocial elements and heir associates and accomplices and or any other persons involved in illegal Ground Water Tapping and Trading in Devi Nagar, Abirami Nagar, Shanthi Nagar, VGN Avenue, Jayaprakash Nagar, Srinivasa Nagar, SV Nagar, Magazham Avenue, Ambal Nagar, Lakshmi Ambal Nagar, Sakthi Garden, Mookambigai Nagar and Abdulkalam Nagar coming under Cheneerkuppam Panchayat (adjacent to National Highways - Poonamallee Bye-pass Road), Ayanambakkam Village, Poonamallee Taluk, Thiruvallur District so as to prevent any further illegal trading in Ground water in the area in future.
For the Petitioner : Mr.N.R.Anantha Rama Krishnan
For the Respondents : Mr.T.K.Saravanan Government Advocate for respondents 1, 2, 4 & 5 : Mr.Krishna Ravindran for respondent No.3 : No Appearance for respondent No.6
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.N.R.Anantha Rama Krishnan, learned counsel for the petitioner; Mr.T.K.Saravanan, learned Government Advocate for respondents 1, 2, 4 and 5; and, Mr.Krishna Ravindran, learned counsel for respondent No.3.
2. The petitioner seeks directions to take action against the persons involved in the illegal ground water tapping and trading in Devi Nagar, Abirami Nagar, Shanthi Nagar etc. in Cheneerkupam Panchayat, (adjacent to National Highways - Poonamallee Bye-pass Road), Ayanambakkam Village, Poonamallee Taluk.
3. Counter-affidavit is filed by the fifth respondent in August, 2019. In the counter-affidavit, it is stated that action has been taken against the offenders of illicit tapping of ground water in Poonamallee Taluk. It is further stated that two complaints have been received from the public of Ariamanthanallur Village in Sennerkuppam Panchayat and eight bore wells have been seized on 20.07.2019 and 21.07.2019 respectively so also six bore wells have been seized on 28.07.2019. It is stated that action is taken to stop the illicit tapping and transportation of the ground water. The details of water lorries seized by the police and also the police complaints lodged have been stated in the counter-affidavit.
4. Since action is taken by the respondent authorities, no further orders are necessary in the present writ petition. If today also the illegal tapping of ground water is under progress in Seneerkuppam and Ayanambakkam Villages in Poonamallee Taluk, it is for the authorities to take appropriate steps in accordance with law.
4. The writ petition is disposed of accordingly. There will be no order as to costs. Consequently, W.M.P.Nos.13597 and 13948 of 2019 are closed.
(S.V.G., CJ.) (D.B.C., J.) 10.11.2023 Index :
Yes/No Yes/No bbr To 1.The District Collector, Thiruvallur District, Thiruvallur-602 001.
2.The Revenue Divisional Officer, Thiruvallur District, Thiruvallur-602 001.
3.The Chief Engineer, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chinthripet, Chennai-600 002.
4.The Executive Engineer, Public Works Department, Thiruvallur District, Thiruvallur-602 001.
5.The Tahsildar, Poonamallee Taluk, Poonamallee, Chennai-600 056.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 10.11.2023