K. Srinivasan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.1856, 1857 and 7556 of 2025 K.Srinivasan ... Petitioner Vs.
1.The District Collector, Madurai District, Madurai - 625 020.
2.The Tahsildar, Melur Taluk, Melur, Madurai District.
3.The Superintending Engineer, PWD - Water Resource Department, Periyar Vaigai Basin Circle, Madurai - 625 001.
4.The Executive Engineer, PWD - Water Resource Department, Periyar Main Canal Division, 1/6
5.The Assistant Executive Engineer, 6A Canal Sub Division, Mullai Periyar Irrigation Sub Division, 6.The Village Administrative Officer, Vannaamparaipatti Village, Melur Taluk, Madurai District.
7.The Panchayat President, Vannaamparaipatti Village Panchayat, Vannaamparaipatti Village, Melur Taluk, Madurai District.
8.The Firka Surveyor, Vellalur Firka, Melur Taluk Office, 9.Madura Stones Pvt. Ltd., Rep. by its Authorised Signatory, Manufactures and Exporters of Granite Gangsaw Slabs, R.S.No. 50/4 and 51/1 Madurai Sivagangai Main Road, Parayankulam Village, Madurai - 625 020.
... Respondents (R9 is impleaded vide order dated 18.03.2025 in W.M.P.(MD)No.3875 of in W.P.(MD)No.2620 of 2025 by GRSJ & BPJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from granting any permission for erection of Power Transmission Towers and lines on the 9th Madai Irrigation Canal running at Vannaamparaipatti village, Melur Taluk, Madurai District and consequently, to direct the respondents to protect the 9th Madai Irrigation 2/6
Canal and supply of water through this canal without any hindrance for cultivation of the lands at Vannaamparaipatti village, Melur Taluk, Madurai District, within a time limit to be fixed by this Court. For Petitioner : Mr.A.Thirumoorthy For Respondents : Mr.C.Venkatesh Kumar, Spl. Govt. Pleader for R1 to R8.
Mr.A.Arun Ramnath, for M/s.Spicy Law Firm for R9.
ORDER
Heard both sides.
2.This writ petition has been filed to forebear the respondents from granting any permission for erection of power transmission towers and lines on the petition mentioned irrigation canal. 3.On 05.02.2025, the following interim order was passed:- "The learned counsel appearing for the petitioner submits that without getting any permission in terms of G.O.No.101, WRO, dated 13.09.2024, steps are being taken to erect transmission towers across the water body. The petitioner has not shown as to who is doing the said work.
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2. Since permission does not appear to have been obtained, we direct the respondents herein to ensure that there is no erection of transmission towers / lines without complying with the procedure laid down in the aforesaid G.O.
3. There shall be an order of interim injunction. Notice." To vacate the same, W.M.P.(MD)No.7556 of 2025 has been filed. 4.When the matter was taken up for hearing, the private respondent produced copy of NOC issued by the fourth respondent on 22.04.2025. 5.In view of the same, this writ petition is closed. We grant liberty to the petitioner to challenge the same in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.J.,) & (B.P.J.,) 03.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6
To:- 1.The District Collector, Madurai District, Madurai - 625 020.
2.The Tahsildar, Melur Taluk, Melur, Madurai District.
3.The Superintending Engineer, PWD - Water Resource Department, Periyar Vaigai Basin Circle, Madurai - 625 001.
4.The Executive Engineer, PWD - Water Resource Department, Periyar Main Canal Division, 5.The Assistant Executive Engineer, 6A Canal Sub Division, Mullai Periyar Irrigation Sub Division, 6.The Village Administrative Officer, Vannaamparaipatti Village, Melur Taluk, Madurai District.
7.The Panchayat President, Vannaamparaipatti Village Panchayat, Vannaamparaipatti Village, Melur Taluk, Madurai District.
8.The Firka Surveyor, Vellalur Firka, Melur Taluk Office, 5/6
G.R.SWAMINATHAN, J.
and B.PUGALENDHI, J.
ias 03.06.2025 6/6