Madras High CourtWP/25669/2023disposed of

Santhi v. The State Of Tamil Nadu

2023-09-07Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. Santhi

2. Subramani ..

Petitioners Vs.

1. The State of Tamil Nadu Rep. by its Secretary Public Works Department Fort St.George, Chennai - 600 009.

2. The Additional Chief Secretary cum Commissioner of Land Administration Ezhilagam, Chennai.

3. The Chief Engineer Public Works Department Chepauk, Chennai - 600 005.

4. The District Collector Namakkal District, Namakkal.

5. The Chief Engineer Water Resources Department Trichy Division.

6. The Tahsildar Paramathi Velur Taluk Namakkal District.

7. The Divisional Engineer State Highways Department Namakkal.

8. The Assistant Engineer Tamil Nadu Generation and Electricity Distribution Corporation (TANGEDCO) Kabilarmalai, Namakkal District.

9. The Commissioner of Panchayat Union Block Kabilarmalai, Namakkal District.

10. The President Kabilarmalai Murugan Siruvivasayigal Neeretru Paana Sangam Periyasolipalayam (Post) Paramathi Velur Taluk Namakkal District.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, forbearing the 10th respondent from laying the pipelines from the well Situated in S.F.No. 156/1A of Vadakaraiyathur Melmugam Village, Paramathi Velur Taluk, Namakkal District to Peraiyasolipalayam Panchayat Union Roads Kumaraswamypalayam to Arikadu Road (P-40) PJ Road to Chinnasolipalayam (PMGSY Road) (three corner Road) Road (R-32) Kabilarmalai to Chinnacholipalayam (PMGST Renewal BT Road) Road (R-27) connecting to about 7.01 km away in the overhead tank

Constructed at Periyasolipalayam Village bearing S.No. 391/1B2 S.F.No. 699/3B2 Namakkal District beneath the Panchayat Road and Poromboke Lands from Vadakaraiattur Melmugham Village to Kabilarkurichi Village and other Panchayat Villages without obtaining permission from the competent authorities and consequently direct the respondents 1 to 9 to take appropriate action against the tenth respondent for violation of law and remove the pipelines illegally laid underneath the ground from S.F.No.156/1A Vadakaraiattur Melmugham Village to RajaVaikkal and other places. For the Petitioners : Mr.N.Umapathi For the Respondents : Ms.R.Anitha Special Government Pleader for R1 to R7 & R9 Mr.S.Kalaiselvam for R8 Mr.R.Rajesh for R10

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.N.Umapathi, learned counsel for the petitioners, Ms.R.Anitha, learned Special Government Pleader for respondents 1 to 7 & 9, Mr.S.Kalaiselvam, learned counsel for respondent 8 and Mr.R.Rajesh, learned counsel for respondent 10.

2. The Assistant Engineer, Water Resource Department, Irrigation Section has filed a status report. It is stated that the tenth respondent has to get prior permission from the concerned Department before laying of pipelines in the Government land and action is to be taken by the concerned Department.

3. Learned Special Government Pleader submits that on 17.08.2023, notice has been issued to the tenth respondent to remove the pipelines within a period of thirty days.

4. Learned counsel for the tenth respondent submits that he has not laid pipelines to draw water from the river/channel.

5. The Government has already issued notice to the tenth respondent to remove the pipelines within a period of thirty days. On lapse of thirty days, the Government Authorities may proceed further, in accordance with law, in case there is illegal laying of pipelines.

6. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.25092 of 2023, filed by the petitioners seeking permission to file a single writ petition is allowed and disposed of and W.M.P.No.25101 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 07.09.2023 Index :

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