U.B.Elani B.E., v. Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.10.2024
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.NO.29672 of 2024 U.B.Eleni ... Petitioner Vs.
1. The Principal Secretary, Water Resource Department - PWD, Government of Tamil Nadu, Secretariat, Chennai-9.
2. The Engineer in Chief, Water Resources Department-PWD, Chepauk, chennai-5.
3. The Chief Engineer, Water Resources Department, Town Hall, Coimbatore-1.
4. The Superintendent Engineer, PWD - Water Resources Department, Parambikulam - Aliyar Basin Circle, Pollachi.
....... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to conduct inspection in S.No.26, Vadbhuthinatham Village, Udumalpet, Tiruppur District in respect of construction of cross over culvert the only right of way available to reach the cultivation land in S.No.7 to 20 Vadbhuthinatham Village, Udumalpet, Tiruppur District and grant permission for construction of cross over culvert in S.No.26, Vadbhuthinatham Village, Udumalpet, Tiruppur District to reach the cultivating land situated in S.Nos.7 to 20 Vadbhuthinatham Village, Udumalpet, Tiruppur District.
For Petitioners : Mr.Balan Haridass for Mr.P.Krishnamurthy For Respondents : Mr.Yokesh Kannadasan, SGP RR1 to 4
ORDER
The writ petitioner seeks a direction to the respondents to conduct inspection in S.No.26, Vadbhuthinatham Village, Udumalpet, Tiruppur District in respect of construction of cross over culvert the only right of way available to reach the cultivation land in S.No.7 to 20, Vadbhuthinatham Village, Udumalpet, Tiruppur District and grant permission for construction of cross over culvert in S.No.26, Vadbhuthinatham Village, Udumalpet, Tiruppur District to reach the cultivating land situated in S.Nos.7 to 20 Vadbhuthinatham Village, Udumalpet, Tiruppur District.
2. It is the case of the petitioners that he is the owner of the property in S.Nos.7 to 20 situated at Vadabhuthinatham Village, Udumalpet, Tiruppur District. The second respondent has given directions to the respondents 3 & 4 to construct the culvert to cross over the intervening channel in S.No.26 at directing the respondents to conduct inspection in S.No.26, Vadbhuthinatham Village, Udumalpet, Tiruppur District in respect of construction of cross over culvert the only right of way available to reach the cultivation land in S.No.7 to 20 Vadbhuthinatham Village, Udumalpet, Tiruppur District and grant permission for construction of cross over culvert in S.No.26, Vadbhuthinatham Village, Udumalpet, Tiruppur District to reach the cultivating land situated in S.Nos.7 to 20 Vadbhuthinatham Village, Udumalpet, Tiruppur District and the same has not been complied with. The petitioner has also made a representation on 15.07.2024 and subsequently, it was rejected. Without
having any other option, the petitioner has filed the present petition.
3. The learned counsel for the petitioners submitted that this Court may issue a direction to the respondents to issue a document which was mentioned in the rejection order dated 10.09.2024 to the petitioner within the stipulated time as fixed by this Court.
4. Heard the learned counsel for the petitioner as well as the learned Government Counsel appearing for the respondents and perused the materials available on record.
6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the respondents to provide the seven documents which are referred in the order dated 10.09.2024 by the Assistant Engineer, PWD, Thirumurthi Nagar to the petitioner within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, the writ petition stands disposed of. No costs. 14.10.2024 rli
M. DHANDAPANI .J.
rli To:
1. The Principal Secretary, Water Resource Department - PWD, Government of Tamil Nadu, Secretariat, Chennai-9.
2. The Engineer in Chief, Water Resources Department-PWD, Chepauk, chennai-5.
3. The Chief Engineer, Water Resources Department, Town Hall, Coimbatore-1.
4. The Superintendent Engineer, PWD - Water Resources Department, Parambikulam - Aliyar Basin Circle, Pollachi.
W.P.NO.29672 of 2024 14.10.2024