P.M.Shahul Hameed v. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.M.Shahul Hameed .. Petitioner -vs1. The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department & Chairman, Water Supply and Drainage Board, Chennai-9 (Secretariat).
2. The Chief Engineer, Vuruyunu Board, No.37, First Floor, Eswari Nagar, Medical College Road, Thanjavur 613004.
3. The District Collector, District Collectorate, Perambalur.
4. The Sub Collector, O/o the Sub Collector, Perambalur.
5. The Administrative Engineer, O/o the Administrative Engineer, Tamil Nadu Water Supply and Drainage Board, Rural Water Supply Scheme Division, Perambalur.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to consider and
pass order on the petitioner representation dated 08.03.2021 for implementing the combined Water Supply Scheme in an alternate place in common place for purpose of benefits of nearby villages. For the Petitioner :
Ms.T.Dharani For the Respondents :
Mr.T.K.Saravanan Govt. Advocate for RR 1 to 4 :
Ms.S.Mekhala for R-5 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Ms.T.Dharani, learned counsel for the petitioner, Mr.T.K.Saravanan, learned Government Advocate for respondent Nos.1 to 4 and Ms.S.Mekhala, learned counsel for respondent No.5.
2. The learned counsel for the petitioner submits that the combined Water Supply Scheme be directed to be implemented in an alternate place in common place for the benefits of the nearby villages.
3. The writ petition is filed in the year 2022. On the last date, we had recorded the statement of the learned counsel for respondent No.5 that the combined Water Supply Scheme has already been implemented.
4. The scheme is complete and the same is already implemented. No public purpose would be served by entertaining the present writ petition.
5. Prior to the implementation of the scheme, the ground water experts of the Board had clarified that there will be no impact on the irrigation of the 4 lakes due to the joint drinking water project. This Court cannot sit in appeal over the decision of the experts.
6. It is also submitted by the learned counsel for respondent No.5 that the writ petition bearing W.P.No.200 of 2023 challenging the implementation of the scheme was already dismissed under order dated 06.01.2023.
In light of the above, the writ petition is dismissed. There shall be no order as to costs.
(S.V.G., CJ.) (J.S.N.P., J.) 04.04.2024 Index : Yes/No : Yes/No sra
THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.
(sra) To
1. The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department & Chairman, Water Supply and Drainage Board, Chennai-9 (Secretariat).
2. The Chief Engineer, Vuruyunu Board, No.37, First Floor, Eswari Nagar, Medical College Road, Thanjavur 613004.
3. The District Collector, District Collectorate, Perambalur.
4. The Sub Collector, O/o the Sub Collector, Perambalur.
5. The Administrative Engineer, O/o the Administrative Engineer, Tamil Nadu Water Supply and Drainage Board, Rural Water Supply Scheme Division, Perambalur. 04.04.2024