Madras High CourtWP/20454/2023disposed of

K.Mayilsamy v. The Government Of Tamil Nadu

2024-03-27Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Mayilsamy ..

Petitioner Vs.

1. The Government of Tamil Nadu Rep. by its Secretary to Government Public Works Department Fort St. George Chennai 600 009.

2. The Chief Engineer Irrigation Public Works Department

3. The District Collector Coimbatore

4. The District Revenue Officer Coimbatore

5. The Revenue Divisional Officer Coimbatore North Koundampalayam Coimbatore, Coimbatore District.

6. The Tahsildar Mettupalayam Taluk

7. The Executive Engineer Tamil Nadu Water Supply Sewerage Board NSR Road Saibaba Colony

8. The Executive Engineer TANGEDCO Mettupalayam

9. The Divisional Engineer Highways Department Trichy Road 10.Dhayanand 11.Gopalasamy 12.Saravana Babu 13.Shanthi 14.Rajappan 15.Muthuveerappan 16.Natarajan 17.Govindaraj 18.Sivakumar ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 9 to take appropriate action for preventing illegal tapping of river water from Bhavani river by disconnecting the electricity service connection to the electric motors installed for illegal pumping and to remove the illegal pipelines laid down for the illegal tapping of water from Bhavani river. For the Petitioner : Mr.R.Rajaraman For the Respondents : Mr.T.K.Saravanan Government Advocate for Respondents 1 to 6 & 9 Ms.S.Mekhala Standing Counsel for Respondent-7 Mr.L.Jaivenkatesh Standing Counsel for Respondent-8 Mr.V.Manohar for Respondent-16

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Rajaraman, learned counsel for the petitioner, Mr.T.K.Saravanan, learned Government Advocate for the respondents 1 to 6 and 9, Ms.S.Mekhala, learned Standing Counsel for

the seventh respondent, Mr.L.Jaivenkatesh, learned counsel for the eighth respondent and Mr.V.Manohar, learned counsel for the 16th respondent.

2. The petitioner alleges illegal tapping of water from Bhavani river by the respondents 10 to 18.

3. It is submitted that the private respondents herein are digging the lands and laying pipelines from Bhavani river and by deploying electric motor, illegally drawing water from the stream.

4. The affidavit is filed by the second respondent denying the averments of the petitioner.

5. It is the responsibility of the respondents 2 and 3 that illegal tapping of the water does not take place. The respondents 2 and 3 and/or authorised representative may inspect the subject land and ensure that no illegal tapping of water takes place.

6. The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.19847 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 27.03.2024 Index :

Yes/No :

Yes/No kpl To