Madras High CourtWP/35979/2023disposed of

C.Durairaj v. The District Collector

2024-04-02Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM C.Durairaj ... Petitioner Vs.

1. The District Collector, Tirupur District, Tirupur.

2. The Chief Engineer, Water Resources Organisation, Coimboatre Zone, Coimbaotre-641 001.

3. The Executive Engineer, Public Works Department, Water Resources Organisation, Amaravathi Reservoir Water Division, Dharapuram-638 658.

4.The Superintending Engineer, Public Works Department, Water Resources Organisation, Special Planning Circle, Palani-624 601.

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5. The District Revenue Officer, Dhanrapuram Taluk, Tirupur District.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the First Respondent to implement the terms of his proceedings in N.M.No. 20529 / 2020 / A1 dated 21.06.2023 within a time stipulated by this Honourable Court.

For Petitioner : Mr.S.Dhayaleswaran For Respondents : Mr.T.Venkatesh Kumar, Special Government Pleader

ORDER

The writ of mandamus has been instituted to direct the first respondent to implement the terms of his proceedings in N.M.No. 20529 / 2020 / A1 dated 21.06.2023.

2. In the context of the relief sought for in the present writ proceedings, the Executive Engineer, Water Resources Organisation, 2/6

Amaravathi Reservoir Water Division, Dharapuram, filed a counter stating that based on the representations submitted by the petitioner, proposal has been submitted to the Superintending Engineer vide letter dated 26.05.2023 and the 4th respondent Superintending Engineer had given technical consent to this sluice proposal to the 1st respondent District Collector Tirupur vide letter dated 20.07.2023.

3. The District Collector Tirupur has given revised consent order vide letter dated 24.02.2024 for the above new proposal for constructing a new sluice 6A with pipe size 3 inches in the left side at mile 1/1/296 of sub branch canal and cost all the construction of sluice is to be borne by the petitioner to irrigate the petitioner's 2.00 acres of land in SF No.265/3, based on the petitioner's representation dated 18.04.2023 and based on the technical consent given by the 4th respondent.

4. In view of the fact that the representation of the petitioner has already been considered and approval has been granted for constructing new sluice 6A, the petitioner is at liberty to deposit the cost as determined by the authorities. In the event of payment of cost, new sluice 6A shall be constructed, enabling the petitioner to get water for irrigation purposes. 3/6

5. With the above observations, the writ petition stands disposed of. However, there shall be no order as to costs. 02.04.2024 Index : Yes Speaking Order (sha) 4/6