S.Yoganathan Alais Kanchiamuthan v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.23705 of 2020 Yoganathan @ Kanchi Amuthan ... Petitioner Vs.
1.The Principal Secretary to Government, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2.The District Collector, Kanchipuram District, Collectorate, Kanchipuram - 631 501.
3.The Engineer-in-Chief, Water Resources Department and Chief Engineer (General), Public Works Department, Chennai - 600 005.
4.The Chief Engineer, Plan Formulation, Chennai - 600 005.
5.The Executive Engineer, Divisional Office of Kil Palar Water Resources, Kanchipuram.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned Letter No.Vu.Po/Ko.52 (CM Cell - PPM)/1114pala/ dated 22.10.2020 paned by 5th respondent, quash the same and further direct the 2nd respondent to construct the check dam as per as per the G.O.Ms.No.62 dated 26.02.2020 for Public Works (T2) Department, in the place of Ullavar (Palayaseevaram) Village.
For Petitioner : Mr.G.K.Sekar For Respondents : Mr.P.Balathandayutham Special Government Pleader
O R D E R
The relief sought for in the present writ petition is to quash the information provided to the writ petitioner by the Executive Engineer in proceedings dated 22.10.2020.
2. The grievance of the writ petitioner is that there was no check dam across Palar River, however cannot be considered in view of the fact that the
Government had already constructed check dams based on the report of the authorities of the Water Resources Department.
3. Therefore, this Court is of an opinion that once a check dam has already been constructed, the petitioner cannot seek any further relief to construct check dam in the place of his choice. Such policy decisions are to be taken by considering the export's opinion and the High Court cannot exercise of the powers of judicial review and issue direction to construct check dams in a particular place of his choice. More so, the impugned information states that the check dam has already been constructed in that locality. That being so, the relief as such sought for cannot be granted.
4. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 04.01.2024 Jeni Index : Yes Speaking order / Non-speaking order
To 1.The Principal Secretary to Government, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2.The District Collector, Kanchipuram District, Collectorate, Kanchipuram - 631 501.
3.The Engineer-in-Chief, Water Resources Department and Chief Engineer (General), Public Works Department, Chennai - 600 005.
4.The Chief Engineer, Plan Formulation, Chennai - 600 005.
5.The Executive Engineer, Divisional Office of Kil Palar Water Resources, Kanchipuram.
S.M.SUBRAMANIAM, J.
Jeni 04.01.2024