Sri Kannapiran Mills Ltd., v. State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Monday, the Twenty Fourth day of September Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE R.MAHADEVAN WP.Nos.22867 & 22868 of 2018 and WMP.Nos.26736 & 26738 of 2018 SRI KANNAPIRAN MILLS LTD., [PETITIONER IN WP.22867/18 REP BY ITS DIRECTOR, A.VELUSAMY, & WMP.26736/18] JADAYAMPALAYAM POST, METTUPALAYAM 641 302, COIMBATORE DISTRICT M/S.BALKART BROTHERS INDIA PVT LTD., [PETITIONER IN WP.22868/18 REP BY ITS MANAGING DIRECTOR, & WMP.26738/18] K.KARTHIKEYAN, 74 PARK ROAD, ERODE 638 003 Vs 1 STATE OF TAMIL NADU, [1 TO 3 RESPONDENTS IN WP.22867/18 REP BY ITS PRINCIPAL SECRETARY TO & WMP.26736/18] GOVERNMENT, PUBLIC WORKS DEPARTMENT, FORT ST. GEORGE, CHENNAI 9 2 THE DISTRICT COLLECTOR, COIMBATORE 3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (WRO), 1 STATE OF TAMIL NADU, [1 TO 5 RESPONDENTS IN WP.22868/18 REP BY ITS PRINCIPAL SECRETARY & WMP.26738/18] TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, FORT ST. GEORGE, CHENNAI 9 2 COMMISSIONER OF LAND ADMINISTRATION, CHEPAUK, CHENNAI 5 3 THE DISTRICT COLLECTOR, ERODE DISTRICT
4 THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, POLLACHI REGION, COIMBATORE 641 018 5 SUPERINTENDING ENGINEER, BHAVANI RIVER BASIN CIRCLE, ERODE 638 011 6 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (WRD), Writ Petitions and writ miscellaneous petition filed under Article 226 of the Constitution of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to (i)Issue a writ of certiorari or any other appropriate writ, order or direction of like nature calling for the records pertaining to G.O.(Ms) No.92, Public Works (W2) Department dated 13.4.2018 on the files of the 1st respondent and that of the proceedings bearing Letter No.VP / EVA.1 / Ko. Kannabiran / 312M / 2018 dated 27.7.2018 on the files of the 3rd respondent and quash the same(in WP.No.22867/2018);
(ii)Issue a writ of certiorari or any other appropriate writ, order or direction of like nature calling for the records pertaining to G.O.(Ms) No.92, Public Works (W2) Department dated 13.4.2018 on the files of the 1st respondent and quash the same (in WP.No.22868/2018);
(iii)Stay the operation of G.O.(Ms) No.92, Public Works (W2) Department dated 13.4.2018 and that of the proceedings of the 3rd respondent bearing Letter No.VP / EVA.1 / Ko. Kannabiran / 312M / 2018 dated 27.7.2018 (in WMP.No.26736/2018)and (iv)Stay the operation of G.O.(Ms) No.92, Public Works (W2) Department dated 13.4.2018 pending disposal of the writ petition (in WMP.No.26738/2018) pending disposal of the above WP.Nos.22867 & 22868/2018 respectively.
Order : These petitions coming on this day for hearing upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.AIYAR AND DOLIA, Advocate for the petitioner in both the petitions, the Court made the following order:-
Post after two weeks for filing counter and post along with W.P.Nos.21854 and 21856 of 2018.
Interim order already granted by this Court is to continue till then.
-sd/- 24/09/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, PUBLIC WORKS DEPARTMENT, FORT ST. GEORGE, CHENNAI 9 2 THE DISTRICT COLLECTOR, COIMBATORE 3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (WRO), BHAVANISAGAR 638 451.
4 COMMISSIONER OF LAND ADMINISTRATION, CHEPAUK, CHENNAI 5 5 THE DISTRICT COLLECTOR, ERODE DISTRICT 6 THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, POLLACHI REGION, COIMBATORE 641 018 7 SUPERINTENDING ENGINEER, BHAVANI RIVER BASIN CIRCLE, ERODE 638 011
8 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (WRD), +2 C.C. to M/S.AIYAR AND DOLIA Advocate Sr.Nos.11591 & 11592 The Special Government Pleader, High Court, Madras - 104. Order in WP.Nos.22867 & 22868 of 2018 and WMP.Nos.26736 & 26738 of 2018 Date :24/09/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(06/09/2018) VS 12.09.2018 RRI 27/09/2018