Ananithu Vivasayigal v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 10.02.2022 Coram:
THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Acting Chief Justice and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.33821 of 2017 and W.M.P.No.37479 of 2017 Anaithu Vivasayigal Paadhukappu Nala Sangam, Rep. by its President R. Karunanithi, Naganenthal, Uppoor Post, .. Petitioner Vs.
1. The State of Tamil Nadu, Rep. by its Secretary to Government, Public Works Department, Fort St. George, Secretariat, Chennai - 600009.
2. The Secretary to Government, Revenue Department, Government of Tamil Nadu, St. George Fort, Chennai - 600009.
3. The Secretary to Government, Energy Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600009.
4. The Chief Engineer, Water Resources Department, Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai.
5. The Commissioner of Land Administration, Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai.
6. The District Collector, Ramanathapuram, Office of the District Collector, Ramanathapuram.
7. The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram.
8. The Tahsildar, Thiruvadanai Taluk, Office of the Tahsildar,
9. The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO Limited), Rep. by its Chairman-cum-Managing Director, 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600002.
10.Bharat Heavy Electricals Limited, Rep. by its Executive Director, 690, EVR Periyar Building, Anna Salai, Nandanam, Chennai - 6000035.
11.Thiru S.Natarajan, District Collector, Ramanathapuram, Ramanathapuram District - 623501.
12.The Superintendent of Police, Ramanathapuram District, Ramanathapuram - 623501.
13.The Union of India, Rep. by the Secretary, Ministry of Environment, Forest and Climate change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi - 110003.
(R13 - suo-motto impleaded as per order, dated 11.06.2018 in W.P.No.33821 of 2017).
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the respondents, their men, staff, agents or any other person acting under or claiming through them from putting up any construction over the land and water bodies comprised in Survey
Nos.110, 114, 116 and 146 of Thiruvadanai Vattam, Solandur U1 Vattam (Revenue Firka), Uppoor Revenue Village, Naganenthal Village, Ramanthapuram District, which are classified as "surplus water channels" ("Marukaal") and consequently direct the respondents to restore the water channels comprised in Survey Nos.110, 114, 116 and 146 of Thiruvadanai Vattam, Solandur U1 Vattam (Revenue Firka), Uppoor Revenue Village, Naganenthal Village, Ramanathapuram District, by removing the encroachments.
For petitioner :
M/s.Kalaivani for M/s.Wilson Associates For respondents :
Mr.C.Harsharaj, Addl.G.P. for RR-1 to 8 and 12 No appearance for RR-9 and 11 M/s.Gerthi Ara for M/s.Ramasubramaniam & Associates for R-10
ORDER
(The Order of the Court was made by The Honourable Acting Chief Justice) The learned counsel for the petitioner submitted that, pursuant to the litigation before the National Green Tribunal and the order passed thereupon, the Writ Petition has become infructuous. In view of the above submission, the Writ Petition is dismissed as having become infructuous. No costs.
Consequently, the Writ Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar cs
To
1. The Secretary to Government, The State of Tamil Nadu, Public Works Department, Fort St. George, Secretariat, Chennai - 600009.
2. The Secretary to Government, Revenue Department, Government of Tamil Nadu, St. George Fort, Chennai - 600009.
3. The Secretary to Government, Energy Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600009.
4. The Chief Engineer, Water Resources Department, Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai.
5. The Commissioner of Land Administration, Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai.
6. The District Collector, Ramanathapuram, Office of the District Collector, Ramanathapuram.
7. The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram.
8. The Tahsildar, Thiruvadanai Taluk, Office of the Tahsildar,
9. The Chairman-cum-Managing Director, The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO Limited), 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600002.
10. The Executive Director, Bharat Heavy Electricals Limited, 690, EVR Periyar Building, Anna Salai, Nandanam, Chennai - 6000035.
11. The Superintendent of Police, Ramanathapuram District, Ramanathapuram - 623501.
12. The Secretary, The Union of India, Ministry of Environment, Forest and Climate change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi - 110003.
+1cc to M/s.P.Wilson Associates, Advocate, S.R.No.8818 +1cc to M/s.S.Ramasubramaniam Associates, Advocate, S.R.No.9087 W.P.No.33821 of 2017 SSI(CO) SU(21/02/2022)