S.Selvakumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 31.10.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH and W.M.P.No.24800 of 2021 S.Selvakumar ... Petitioner vs.
1.The District Collector, Tirupur.
2.The Tahsildar, Udumalpet.
3.The Supervisor Engineer, P.A.P. Office, Pollachi.
4.The Executive Engineer, Thirumoothy Kootam, Udumalpet.
5.The Assistant Engineer, Water Resource Management Department, Pudhupalayam Branch, Vaaikal Aluvalagam, Podhappaati.
6.K.Thangavel ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus forbearing the Respondents from obstructing or diverting the water course or preventing the usual quantum of water supply to petitioner's fields situate in S.F.No.67/A2A, S.F.No.67/A2B, 68/2A, 68/2B in Pannaikiranuru, Udumalpettai Vattam, Tirupur District. For Petitioner : Mr.N.Krishnakumar for M/s.Sarvabhauman Associates For Respondents : Mr.P.Anandakumar, (for R1 to R5) Government Advocate Mr.K.Mylsamy for R6
O R D E R
The petitioner is an individual who seeks a mandamus forbearing the respondents from obstructing or diverting the water course or preventing usual quantum of water supply to petitioner's streams in S.F.No.67/A2A, S.F.No.67/A2B, 68/2A, 68/2B in Pannaikiranuru, Udumalpettai Vattam, Tirupur District. R1 to R5 are the District Collector, Tahsildar, Supervisor Engineer, Executive Engineer and Assistant Engineer respectively and R6 is the private respondent.
2.Mr.P.Anandakumar, learned Government Advocate appears for the official respondents i.e. R1 to R5 and Mr.K.Mylsamy, learned counsel appears for R6.
3.The fifth respondent has filed a counter wherein they state that there had been no obstruction caused by them to the flow of water to the petitioner's agricultural land. The efforts of the official respondents are only to ensure that there is no theft of water in that area. Both the writ affidavit as well as the counter proceed on various factual premises and ultimately the stand of the official respondents is that the writ petition does not contain any merit. It is their consistent stand that their activities are in accordance with law insofar as deployment of water resources is concerned.
4.In these circumstances, this Court is not in a position to issue mandamus as sought for as adjudication of the request of the petitioner would touch upon appreciation and assimilation of various facts, many of which are disputed by both the parties and hence outside the ken of writ jurisdiction. 5.Thus, while dismissing the writ petition, petitioner is granted liberty to approach the appropriate respondent by way of a representation setting out his grievances. If the representation is filed within a period of four (4) weeks from
today, the concerned respondent shall take note of the same, issue notice to the petitioner as well as to all other parties concerned in the matter and dispose the same within a period of six (6) weeks from date of receipt of representation. 6.This writ petition is dismissed with liberty. No costs. Connected miscellaneous petition is closed.
31.10.2023 vs Index : Yes/No Speaking order To 1.The District Collector, Tirupur.
2.The Tahsildar, Udumalpet.
3.The Supervisor Engineer, PAP Office, Pollachi.
4.The Executive Engineer, Thirumoothy Kootam, Udumalpet.
5.The Assistant Engineer, Water Resource Management Department, Pudhupalayam Branch, Vaaikal Aluvalagam, Podhappaati.
Dr.ANITA SUMANTH, J.
vs WW.P.No.23578 of 2021 and W.M.P.No.24800 of 2021 31.10.2023