Madras High CourtWP/30130/2023disposed of

N.Venkidusamy v. The District Collector

2023-10-18Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2023 CORAM :

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

Petitioner Vs.

1. The District Collector

2. The Revenue Divisional Officer Dharmapuram, Tiruppur District.

3. The Tahsildar Dharmapuram Taluk

4. The Block Development Officer Kundadam, Dharapuram Taluk

5. The Village Administrative Officer Vadugapalayam Village Kullakalipalayam Sankarandampalayam Post Dharapuram Taluk

6. The Junior Electricity Engineer Tamil Nadu Generation and Distribution Corporation Ltd.

Nanjiyampalayam Office at Pollachi Road, Dharapuram

7. The Junior Engineer Public Works Department Amaravathi River Basin Dharapuram, Tiruppur District.

8. Senthamil Selvi

9. Naveenkumar ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 7 to prevent illegal water tapping in Amaravathi River in and around Sankarandampalayam and Vadugapalayam Village and remove the underground pipeline laid in the village poromboke cart track in Survey Nos.805 and 806 in Vadugapalayam in Sankarandampalayam Village of Dharapuram Taluk in Tiruppur District by considering the petitioner's representations dated 02.08.2023 and 11.08.2023. For the Petitioner : Mr.N.Ponraj For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 to R5 Mr.C.Jaivenkatesh for R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.N.Ponraj, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 5 and Mr.C.Jaivenkatesh, learned counsel for respondent 6.

2. The petitioner submits that underground pipelines are laid drawing water from the Amaravathi River in and around Sankarandampalayam and Vadugapalayam Villages.

3. It is for the State Authorities to consider the said aspect. The petitioner has given representations on 02.08.2023 and 11.08.2023. The Authorities shall consider the said representations on its own merits and in case, some illegal pipelines are laid, then action may be taken, in accordance with law, after following the principles of natural justice.

4. It is made clear that if the pipelines are laid after obtaining necessary permissions, then this order would not have any bearing on the same.

5. With the aforesaid observation, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.29759 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 18.10.2023 Index :

Yes/No :

Yes/No drm