N.Palanisamy v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and C.M.P.No.52 of 2022 N.Palanisamy ... Appellant -vs1. The State of Tamil Nadu, Rep. by its Secretary, Public Works Department, Fort St. George, Chennai 600 009.

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

3. The District Collector, Salem District, Salem.

4. The Superintending Engineer, Public Works Department, (Water Resources Organization), Upper Cauvery Vadinilavattam, Cherry Road, Kumarasamipatti, Salem 636 007.

5. The President, Veerapandi Panchayat Union, Ariyanur, Salem District.

6. The Tahsildar, Salem (South), Maniyanur, Salem.

7. The Divisional Engineer, State Highways Department, Salem.

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

9. G.Shanmugasundaram 10.P.Subramani 11.R.Rathinavel ... Respondents Prayer : Appeal filed under Clause 15 of the Letters Patent against the order dated 23.09.2021 passed in W.M.P.No.18050 of 2021 in W.P.No.19839 of 2020 on the file of this Court.

For Appellant :

Mr.N.Umapathi For Respondent :

Mr.A.Edwin Prabakar State Govt. Pleader Assisted by Mr.Habeeb Rahmen, Govt. Adv. for RR 1 to 4 and 6 to 8 :

Mr.V.P.Sengottuvel Senior Counsel for M/s.K.R.Nishanth for RR 9 to 11 * * * * *

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) Appellant, who is the original petitioner, was enjoying an interim relief since 10.03.2020. That order directed respondents not to lay the pipeline mentioned in the said order. Subsequently, by an order dated 23.09.2021, the interim order dated 10.03.2020 came to be vacated. Challenging that order, this appeal came to be filed.

2. While passing the impugned order, the locus of petitioner to maintain the writ petition also has been questioned.

3. In this appeal, which has been launched in December 2021, no interim relief was granted. Counsel informed that the main petition itself is scheduled for final hearing on 09.01.2025. Therefore, we dispose of this appeal by requesting the learned Single Judge to endeavour to dispose of the writ petition at the earliest. Counsels state that they shall make a

request on 02.01.2025 or 03.01.2025 to the learned Single Judge to take up the matter on 09.01.2025.

4. Mr.Umapathi, counsel for appellant, states that in the counter filed by Public Works Department, it is stated that the attempts of respondents 9 to 11 in laying pipelines are illegal and the permission granted by the President requires to be examined. It is open to appellant to point out all these aspects to the learned Singel Judge. We express no opinion. All rights and contentions are kept open.

Writ Appeal is disposed of. There shall be no order as to costs. Consequently, interim application is closed.

(K.R.SHRIRAM, CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 16.12.2024 Index :

Yes/No NC :

Yes/No sra

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

(sra) 16.12.2024