M.Moorthi v. The Assistant Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M.Moorthi ... Petitioner Vs.
1.The Assistant Engineer Canal Section-2 Aliyar Basin Division PAP, Project Udumalai Road Pollachi 642 003.
2.The Executive Engineer Aliyar Basin Division PAP, Project Udumalai Road Pollachi 642 003.
3.The Superintending Engineer Parambikulam Aliyar Project Udumalai Road Pollachi.
4.The Project Committee Chairman Thirumoorthi Reservoir Project Committee R.Ponnapuram, Pollachi.
...Respondents
1/6
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to grant permission to lay an underground pipeline to across Parambikulam Aliyar Project (PAP) to draw water from petitioner's well in 6/1B to petitioner land bearing T.S.No.6/3 (old Survey No.6/3c) and T.S.No.7 (old Survey 7/3) in T.S. Ward No.8, Block No.6 located in T.Kottampatti Village, Pollachi Taluk, as per representation dated 06.11.2023 and thereby render justice.
For Petitioner : Mr.M.Madhavan For Respondents : Mr.V.Manoharan Additional Government Pleader
ORDER
This Writ Petition is filed with the prayer to grant permission to lay underground pipeline across Parambikulam Aliyar Project (PAP) to draw water from the petitioner's well in 6/1B to the petitioner's land bearing T.S.No.6/3 and (Old Survey No.6/3c) and T.S.No.7 (Old Survey 7/3) in T.S. Ward No.8, Block No.6 located in T.Kottampatti Village, Pollachi Taluk, as per representation dated 06.11.2023.
2/6
2. The learned counsel for the petitioner submits that both the lands belong to the petitioner. He is only seeking permission to draw water by laying underground pipeline and the third respondent is the appropriate authority to consider the said request. The learned counsel would also submit that the petitioner will lay the underground pipeline in his own cost.
3. In view of the nature of order that is passed the Writ Petition is dispose of at the admission stage.
4. Mr.V.Manoharan, the learned Additional Government Pleader takes notice for the respondents.
5. In view thereof, the Writ Petition is disposed of on the following terms;
(i) The third respondent shall take up the petitioner's representation dated 06.11.2023; 3/6
(ii) The petitioner can also be heard. Thereafter a decision can be taken in accordance with law; (iii) The said exercise shall be completed within a period of 12 weeks from date of receipt of the web copy of the order, without waiting for the certified copy of the order. (iv) No costs.
17.04.2025 : No dna 4/6
To 1.The Assistant Engineer Canal Section-2 Aliyar Basin Division PAP, Project Udumalai Road Pollachi 642 003.
2.The Executive Engineer Aliyar Basin Division PAP, Project Udumalai Road Pollachi 642 003.
3.The Superintending Engineer Parambikulam Aliyar Project Udumalai Road Pollachi.
4.The Project Committee Chairman Thirumoorthi Reservoir Project Committee R.Ponnapuram, Pollachi.
5/6
D.BHARATHA CHAKRAVARTHY , J.
dna 17.04.2025 6/6