Madras High CourtWP/17060/2020disposed of

D.Shyamala v. The State Of Tamilnadu

2020-12-21Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.NO.17060 OF 2020 AND W.M.P.NOS.21132 AND 21133 OF 2020 D.Shyamala, Proprietor, M/s.Sakthi Vinayaga Mills, No.73, Puduvalasu, Lakkapuram, Erode - 638 003.

... Petitioner Vs.

1. The State of Tamil Nadu Rep. by its Secretary to Government, Public Works Department, Secretariat, Chennai.

2. The Chief Engineer, WRD, State Surface Water Resources, Data Centre, Public Works Department, Taramani, Chennai - 600 113.

3. The District Level Monitoring Committee, Rep. by its Chairman, Collectorate, Erode - 638 011.

4. The District Collector, Collectorate, Erode - 638 011, Erode District.

5. The Assistant Director, (Geology), Ground Water Sub Division, Erode - 638 002.

6. The Chairman, 800, Mount Road, Chennai.

7. The Superintending Engineer, Erode, Erode District.

8. The New Tiruppur Area Development Corporation Ltd., Rep. by its Director, 34, Rasi Towers, JG Nagar, Kumaranandapuram, Tirupur - 641 602.

.. Respondents PRAYER:

The Writ Petition has been filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned orders dated 19.10.2020 made in (a) Na.Ka.No.151/Dt Collector/2020 and (b) Lr.No.208/AD/file11/Erode/2020 passed by the respondents 4 and 5 respectively, quash the same and consequently, direct the respondents 1 to 7 to permit the petitioner to purchase water from the 8th respondent for carrying on the packaged drinking water unit namely M/s.Sakthi Vinayaga Mills, No.73, Puduvalasu, Lakkapuram, Erode - 638 003 by considering her representation dated 12.10.2020.

For Petitioner : Mr.N.Manoharan For Respondents 1 to 5 : Mr.V.Shanmugasundar Special Government Pleader

O R D E R

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned orders dated 19.10.2020 made in (a) Na.Ka.No.151/Dt Collector/2020 and (b) Lr.No.208/AD/file11/ Erode/2020 passed by the respondents 4 and 5 respectively, quash the same and consequently, direct the respondents 1 to 7 to permit the petitioner to purchase water from the 8th respondent for carrying on the packaged drinking water unit namely M/s.Sakthi Vinayaga Mills, No.73, Puduvalasu, Lakkapuram, Erode - 638 003 by considering her representation dated 12.10.2020.

2. Today when the matter is taken up for hearing, the learned Special Government Pleader has produced a proceedings in Na.Ka.No.151/Dt.Collector/2020, dated 16.12.2020, and an affidavit, of the District Collector, Erode. In the said

proceedings, it is stated that the application of the petitioner has been considered and permission has been granted and the name of the petitioner finds place at Serial Number: 2. The said permission is granted subject to the conditions that have been stated in the said order.

3. In view of paragraph No.3 of the affidavit, and the proceedings of the District Collector, Erode, dated 16.12.2020, the impugned orders 19.10.2020 made in (a) Na.Ka.No.151/Dt Collector/2020 and (b) Lr.No.208/AD/file11/Erode/2020 passed by respondent Nos. 4 and 5 respectively, are set aside and the present Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar asi To

1. The Secretary to Government, Public Works Department, Secretariat, Chennai.