← Library
Madras High CourtWP/18217/2019disposed of

P.Chandrakasan v. The Government Of Tamil Nadu

2020-07-21Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 18217 of 2019 & W.M.P.No.17589 of 2019 P.Chandrakasan .. Petitioner Vs 1.The Government of Tamil Nadu Rep by its Secretary to Govt Public Works Department, Fort.St.George, Chennai-9 2.The Government of Tamilnadu Rep by its Secretary to Govt Rural Development and Panchayatraj, Fort.St.George Chennai-9 3.The Principal Chief Engineer Public Works Department, Chepauk, Chennai-5 4.The Executive Engineer PWD/ WRO Public Works Department, Ariyalur.

5.The District Collector Ariyalur- 621705 Ariyalur District.

6.The President Ariyalur Panchayat Union, Ariyalur, Ariyalur District. (R6 SUO-MOTU IMPLEADED VIDE ORDER DT 14/7/2020 MADE IN WP.18217/2019 BY MMSJ RHJ) .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the Respondents to take over the Control and Maintenance of Bheema Eri comprised in S. No 208 to an extent of 43.28.5 Hectares of Land in Kadugur Village within the Public Work Department from the Panchayat Union, Ariyalur.

For Petitioner ..

Mr.P.Mahaadevan For Respondents ..

Mr.G.K.Muthukumar, Spl G.P. for R1 to R5

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) This public interest litigation has been filed by the petitioner seeking appropriate direction to the respondents, namely, respondents 3 and 4 to take over the control and maintenance of Bheema Eri, situated in S. No 208 to an extent of 43.28.5 Hectares of Land in Kadugur Village.

2. On the last occasion, we impleaded the local body, as a party respondent. On instructions, the learned Special Government Pleader submits that the Panchayat Union has infact passed a resolution to hand over the same to the Public Works Department. There is also a resolution by the Kadugur Village Panchayat. Therefore, respondents 3 and 4 can very well take over the Bheema Eri and maintain the same.

3. In view of the above, we direct respondents 3 and 4 to take over the aforesaid water body and maintain the same. Needless to state that due inspection will have to be made by respondents 3 and 4 and thereafter the assessment will have to be prepared towards the maintenance which would include the deepening of water body, strengthening of bund, de-silting and maintaining it thereafter. We expect appropriate action to be taken by respondents 3 and 4 within a period of six months from the date of receipt of a copy of this order.

The writ petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar mmi/ssm To 1.The Secretary to Govt Public Works Department, Fort.St.George, Chennai-9

2.The Secretary to Govt Rural Development and Panchayatraj, Fort.St.george Chennai-9 3.The Principal Chief Engineer Public Works Department, Chepauk, Chennai-5 4.The Executive Engineer PWD/ WRO Public Works Department, Ariyalur.

5.The District Collector Ariyalur- 621705 Ariyalur District.

W.P.No.18217 of 2019 KS(CO) SP(25/08/2020)