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Madras High CourtWP/21052/2021dismissed as infructuous

B.Vijayakumari v. The Union Of India

2024-04-24Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.21052 of 2021 and W.M.P.Nos.22312 & 22315 of 2021 B.Vijayakumari ... Petitioner -Vs1.The Union of India, Represented by its Secretary, Ministry of Water Resources, RD & GR, Central Ground Water Authority, Jamnagar House, Manasing Road, New Delhi-110 001.

2.The Under Secretary to Government (Agriculture), Chief Secretariat, (Agricultural and Forest), Beach Road, Puducherry-1 3.The Chairman, The Pondicherry Ground Water Authority, No.15, 3rd Cross Street, Mariamman Nagar, Karamanikuppam, Puducherry-605 004.

4.The Member Secretary, The Pondicherry Ground Water Authority, No.15, 3rd Cross Street, Mariamman Nagar, Karamanikuppam, Puducherry-605 004.

... Respondents

Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in respect of impugned proceedings vide G.O.Ms.No.30/Ag. Chief Secretariat (Agriculture) dated 02.02.2005 and quash the same as illegal, arbitrary, unconstitutional and contrary to the Notification vide S.O.No.3289 (E) dated 24.09.2020 issued by the 1st respondent and consequently forbearing the 3rd and 4th respondents from in any way preventing, objecting, prohibiting the petitioner from sinking the bore well in respect of land situated in R.S.No.163/7 at Katterikuppam village, Mannadipet Commune, Puducherry as the bore well was going to be for irrigation of agriculture land in line with the Notification vide S.O.3289(E) dated 24.09.2020 issued by the 1st respondent.

For Petitioner : Mr.R.Baskaran For R1 : Mr.V.Achuthandan Addl.CGSC For R2 to R4 : Mr.R.Sreedhar Addl.Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus to call for the records of the second respondent in respect of impugned proceedings vide G.O.Ms.No.30/Ag. Chief Secretariat (Agriculture) dated 02.02.2005 and quash the same as illegal,

arbitrary, unconstitutional and contrary to the Notification vide S.O.3289 (E) dated 24.09.2020 issued by the first respondent and consequently forbearing the 3rd and 4th respondents from in any way preventing, objecting, prohibiting, the petitioner from sinking the bore well in the respect of land situated in R.S.No.163/7 at Katterikuppam Village, Mannadipet Commune, Puducherry as the bore well was going to be for irrigation of agriculture land in line with the Notification vide S.O.3289 (E) dated 24.09.2020 issued by the first respondent.

2. The learned counsel for the petitioner submitted that the prayer sought for in this petition has become infructuous and nothing survives in this writ petition for further adjudication and he has also made an endorsement to that effect in the bundle.

3. In view of the above submission and endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

24.04.2024 Internet : Yes Index : Yes/No Speaking/Non-speaking order

Lpp To 1.The Secretary, Union of India, Ministry of Water Resources, RD & GR, Central Ground Water Authority, Jamnagar House, Manasing Road, New Delhi-110 001.

2.The Under Secretary to Government (Agriculture), Chief Secretariat, (Agricultural and Forest), Beach Road, Puducherry-1 3.The Chairman, The Pondicherry Ground Water Authority, No.15, 3rd Cross Street, Mariamman Nagar, Karamanikuppam, Puducherry-605 004.

4.The Member Secretary, The Pondicherry Ground Water Authority, No.15, 3rd Cross Street, Mariamman Nagar, Karamanikuppam, Puducherry-605 004.

G.K.ILANTHIRAIYAN, J.

Lpp W.P.No.21052 of 2021 24.04.2024