P. Ayyakannu v. The Government Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).No.531 of 2025 P.Ayyakannu ... Petitioner Vs.
1.The Government of Tamil Nadu, Represented by its Secretary, Water Resources Department, Secretariat, Chennai.
2.The Chief Engineer, Water Resources Department, Subramaniyapuram, Tiruchirappalli.
3.The District Collector, Trichy.
4.The District Collector, Karur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to construct the barrage
dam across the river Cauvery near Marudhur Village, Kulithalai Taluk, Karur District, to protect the ground water level of the agricultural lands on both sides of the river Cauvery and also protect the livelihood of the farmers. For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.P.Thilak Kumar Government Pleader
ORDER
By consent of both sides, the Writ Petition is taken up for final disposal at the stage of admission itself.
2. This Writ Petition has been filed for a Mandamus, directing the respondents to construct the barrage dam across the river Cauvery near Marudhur Village, Kulithalai Taluk, Karur District, to protect the ground water level of the agricultural lands on both sides of the river Cauvery and also protect the livelihood of the farmers.
3. The petitioner herein had given a representation to the respondents 1 and 2 on 15.11.2024 to construct the barrage dam across the river Cauvery near Marudhur Village, Kulithalai Taluk, Karur District. Since the said representation was not considered, the present Writ Petition has been filed.
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.
5. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 15.11.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner herein, as well as all other persons, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.
6. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.
(M.S.R.,J.) (A.D.M.C.,J.) 10.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Secretary, The Government of Tamil Nadu, Water Resources Department, Secretariat, Chennai.
2.The Chief Engineer, Water Resources Department, Subramaniyapuram, Tiruchirappalli.
3.The District Collector, Trichy.
4.The District Collector, Karur.
M.S.RAMESH,J.
and A.D.MARIA CLETE,J.
Lm 10.01.2025