Swan Aqua v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.18852 of 2018 Swan Aqua rep by its Proprietor P.Kumar No.55, Theeyambakkam Road, Revathi Nagar, Vilangadupakkam, Madhavaram Taluk, Chennai - 600 052.

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Petitioner Vs.

1.The District Collector, Thiruvallur District.

2.The Tahsildar, Madhavaram Taluk, Madhavaram District.

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Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of mandamus directing the 2nd respondent to de-seal the water unit of the petitioner forthwith bearing No.55, Theeyambakkam Road, Revathi Nagar, Vilangadupakkam, Madhavaram Taluk, Chennai - 52. For Petitioner : Mr.K.Ravi Anantha Padmanaban For Respondents : Mr.D.Surya Narayanan, Additional Government Pleader

O R D E R

With the consent of both parties, the matter is taken up for disposal.

2.The learned counsel for the petitioner submitted that the Tahsildar, Madhavaram, who is not a Competent Authority, has wrongly issued the show cause notice dated 16.05.2018, that too, under the repealed Act viz., Tamil Nadu Groundwater (Development and Management) Act, (Tamil Nadu Act 3 of 2003). Therefore, the show cause notice issued by the 2nd respondent to close down the running water treatment plant is liable to be set aside. https://hcservices.ecourts.gov.in/hcservices/

3.This Court in W.P.No.18044 of 2018 by order dated 17.07.2018 has set aside similar proceedings issued by the Tahsildar, Madhavaram without any authority or jurisdiction on the ground that the Chennai Metro Water Board is only the Competent Authority, therefore, when the Tahsildar, Madhavaram has no authority, whatsoever, besides has issued the show cause notice under the repealed Act, the impugned order is bad in law. 4.In view of the same, the 2nd respondent is directed to deseal the water unit of the petitioner forthwith on receipt of the copy of the order.

5.In the result, the Writ Petition is allowed. No costs. Sd/- Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar va To 1.The District Collector, Thiruvallur District.

2.The Tahsildar, Madhavaram Taluk, Madhavaram District.

+1cc to Mr.K.Ravi Anantha Padmanaban, Advocate SR.No.49607 +1cc to Government Pleader SR.No.49968 W.P.No.18852 of 2018 GN(06/08/2018) https://hcservices.ecourts.gov.in/hcservices/