Thangamalai.S v. District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P.(MD) No.5402 of 2022 S.Thangamalai ... Petitioner -vs1.The District Collector, Collector Building, Madurai District.

2.The Executive Engineer, Water Resources Department Periyaaru Vaigai Basin, Madurai - 625 002.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to make water supply to the agricultural lands at Urappanur 1st bit village from Ooranda Urappanur Kanmai, Thirumangalam TK, Madurai District, as per my representation dated 03.01.2022.

For Petitioner :

Mr.S.Thangamalai For Respondents :

Mr.S.R.A.Ramachandran, Addl. Government Pleader

O R D E R

(Made by P.N.PRAKASH, J.) Seeking a direction to provide water supply facility to the agricultural lands at Urappanur 1st bit village from Ooranda Urappanur Kanmai, Thirumangalam Taluk, Madurai District, the present public interest litigation has been filed.

2. On 08.06.2022, we passed the following order:- "Today, Mr.S.Chellaiah, Assistant Engineer, Public Works Department, Kuppanampatti Village, is present before this Court.

2. Er.M.Anbuselvam, Executive Engineer, Water Resources Department Periyar Vaigai Basin, Madurai, has filed a detailed counter-affidavit refuting the allegation of the petitioner and the same is taken on file.

3. The grievance of the petitioner is that the authorities are not opening the Sluice Gate of Urandaurappanur Tank, on account of which, the petitioner is unable to irrigate his lands.

4. On instructions, learned Additional Government Pleader submitted that the Sluice Gate was stolen and the authorities have put up a temporary shutter, so as to ensure that the water does not get completely drained. Learned Additional Government Pleader further stated that if time is given, the authorities would fix a new Sluice Gate and take steps to open the shutter.

4. Recording the same, the matter shall stand adjourned to 05.07.2022."

3. Today, Mr.S.Thangamalai (Party-In-Person) and Mr.S.Chelliah, Assistant Engineer, Irrigation Section-1, Kuppanampatti, Periyar Vaigai Basin Division, Madurai-2, are present.

4. On instructions, Mr.S.R.A.Ramachandran, learned Additional Government Pleader submitted that, as undertaken, a new sluice gate and shutter have been fixed on 01.07.2022 and the keys are with the Lascar of Public Works Department and the said sluice sate and shutter will be opened at the appropriate time for the purpose of irrigation. The photographs submitted to us show that a new sluice gate and shutter have

been fixed in the Urandaurappanur Tank. The petitioner in person also confirmed the aforesaid fact. We place on record our appreciation to Mr.S.Chelliah, Assistant Engineer and the other PWD officials for being sensitive to the needs of farmers and fixing the sluice gate as assured by them.

5. Recording the same, this writ petition is closed. No costs. [P.N.P., J.] [R.H., J.] 05.07.2022 Index : Yes / No Internet : Yes / No pkn To:

1.The District Collector, Collector Building, Madurai District.

2.The Executive Engineer, Water Resources Department Periyaaru Vaigai Basin, Madurai - 625 002.

3.Mr.S.Chelliah, Assistant Engineer, Irrigation Section-1, Kuppanampatti, Periyar Vaigai Basin Division, Madurai-2.

P.N.PRAKASH , J.

and R.HEMALATHA , J.

pkn W.P.(MD) No.5402 of 2022 05.07.2022