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Madras High CourtWA/3022/2023disposed of

T.Sampath v. The Government Of Tamil Nadu

2023-11-03Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY T.Sampath ..

Appellant Vs.

1. The Government of Tamil Nadu Rep. by the Secretary to Government Water Resources Organisation Chennai - 600 009.

2. The Chief Engineer Water Resources Organisation Chennai Region, Chennai - 600 005.

3. The Executive Engineer Water Resources Organisation Mel Palar Basin Division, Vellore Vellore District, Pin - 632 006.

4. The Assistant Engineer Water Resources Organisation Irrigation Section, Ambur Thiruppathur District, Pin - 635 802.

..

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.19979 of 2023 dated 04.08.2023.

For the Appellant : Mr.P.Rajendran For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R4

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.P.Rajendran, learned counsel for the appellant and Mr.P.Muthukumar, learned State Government Pleader for the respondents.

2. We could not find fault with the order of the learned Single Judge. The learned Single Judge is right in holding that the Court cannot issue directions as sought for in the writ petition.

3. The appellant sought for a direction against the respondents to take immediate action on the construction of barrier wall on both sides of the Kanaru Canal, Veppamkupam Village, Anaicut Taluk, Vellore District. If the appellant is facing loss because of surplus water entering into his agricultural land from the canal

and inundating the land, then the appellant is at liberty to seek damages.

4. Be that as it may, learned State Government Pleader submits that a proposal is prepared for rehabilitation of the Veppankuppam tank and its components and it has been taken in the current year target list. The detailed estimate has been prepared at the cost of Rs.35 lakhs (Rupees Thirty Five Lakhs Only) and the same is pending with the Government for administrative sanction.

5. We are not issuing a specific timeline, however, it is expected that when surplus water is entering the land of the agriculturist, the Government shall take effective steps. We hope and trust that the Government will take up the issue and may take a decision upon the administrative sanction expeditiously and if possible, within a period of six months.

6. In light of the above, the writ appeal stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 03.11.2023 Index : Yes/No drm

To

1. The Secretary to Government The Government of Tamil Nadu Water Resources Organisation Chennai - 600 009.

2. The Chief Engineer Water Resources Organisation Chennai Region, Chennai - 600 005.

3. The Executive Engineer Water Resources Organisation Mel Palar Basin Division, Vellore Vellore District, Pin - 632 006.

4. The Assistant Engineer Water Resources Organisation Irrigation Section, Ambur Thiruppathur District, Pin - 635 802.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 03.11.2023