Madras High CourtWP/28761/2019dismissed

Kumar v. The District Collector,

2023-12-14Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Kumar ..

Petitioner Vs.

1. The District Collector Cuddalore District, Cuddalore.

2. The Tahsildar Thittakudi Taluk, Thittakudi

3. The Commissioner / Block Development Officer Mangalore Panchayat Union Mangalore, Cuddalore District.

4. The Joint Director Town and Country Planning Villupuram Region, Villupuram.

5. The Chief Engineer Water Resources Department (PWD) Ground and Surface Water Resources Data Center, Tharamani Chennai - 600 113.

6. The Executive Engineer Water Resources Organization Public Works Department, Ground Water Division Cuddalore, Cuddalore District.

7. The Bureau of Indian Standards (BIS) Southern Regional Office Post Box No.8920, Campus IV Cross Road Tharamani, Chennai - 600 113.

8. The District Environmental Engineer Tamil Nadu Pollution Control Board Cuddalore, Cuddalore District.

9. The Assistant Executive Engineer TANGEDCO/TNEB, O & M Thittakudi - 606 106

10. Murugesan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 8 to take appropriate action against the illegal water units of the 10th respondent, situated in S.No.11/1A2, Edaiseruvai Village, Thittakudi Taluk, Cuddalore District by considering the representation of the petitioner dated 17.08.2019.

For the Petitioner : Mr.M.R.Jothimanian For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R4 & R6 Mrs.Shanmugavalli Sekar Standing Counsel for R8

Mr.M.Varunkumar for R9 No appearance for R5 & R7

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.R.Jothimanian, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 4 and 6, Mrs.Shanmugavalli Sekar, learned Standing Counsel for respondent 8 and Mr.M.Varunkumar, learned counsel for respondent 9.

2. It appears that after filing the writ petition, the tenth respondent is issued with the No Objection Certificate (NOC) by the Chief Engineer, Water Resources Department (PWD), Ground and Surface Water Resources Data Center, Tharamani. It is also found that the bore-well put in S.No.11/1A2 has been sealed and at present, it is not in use. The status report further states that the company has followed the guidelines and rules at every stage and is functioning without hindrance to any sector.

3. Since the NOC is already granted, the present writ petition, now, would not survive. It is for the aggrieved party to assail the NOC as may be permissible under law.

4. The writ petition, accordingly, stands dismissed. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 14.12.2023 Index :

Yes/No :

Yes/No drm To