R.Sivakumar v. The Revenue Divisional Officer

W.P.No.28565 of 2023 Dr.ANITA SUMANTH,J.

Read this order in conjunction with and in continuation of order dated 03.10.2023.

2. There is a specific direction therein to R4, being the Assistant Engineer, Water Resources Organization, Aliyar Basin Sub-Division, Pongalur, Tiruppur District to repair the underground pipelines to ensure release of water to the petitioner's land within a period of eight weeks from the date of that order.

3. An affidavit has been filed by R4 dated 01.11.2023 to the effect that the Water Resources Department does not hold the necessary authority or jurisdiction over underground pipe lines in question and thus cannot engage in the exercise of repairing the same.

4. Mr.Ravichandran, who appears on behalf of the respondents would submit that the pipelines had been laid long ago and he is uncertain as to which is the authority that had laid the same, perhaps the central authority, he says, though unable to confirm this position.

5. In any event, since the pipelines had, admittedly, been laid, it is necessary that the revenue authorities maintain the same in order to ensure that they are in a working condition.

6. Hence, and Mr.Ravichandran would accede to this position, R1, being the Revenue Divisional Officer is directed to carry out the direction at paragraph 9 of order dated 03.10.2023. Paragraph 9 of order dated https://www.mhc.tn.gov.in/judis 03.10.2023 will stand modified to this extent.

Dr.ANITA SUMANTH,J.

9. Hence, mandamus as sought for is granted. R1, Revenue Divisional Officer, Tiruppur is directed to repair the underground pipelines to ensure release of water forthwith. Parallely, R1 is also directed to pass orders on the representation dated 12.02.2022 after soliciting a report from R2 and R3 and hearing the petitioner and R5 and do the needful positively within a period of twelve (12) weeks from today.

7. Except the aforesaid modification, order dated 03.10.2023 remains unaltered.

Sl 06.11.2023 Note: Registry is directed to issue amended copy of this order today.

W.P.No.28565 of 2023 https://www.mhc.tn.gov.in/judis