Vijayanarayanam Periyakulam v. The Principal Secretary
W.P.(MD)No.7240 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.7240 of 2021 Vijayanarayanam Periyakulam, Anaithu Paasana Vivasaikal Sangam, Represented by its President, Mr.R.Murugan, Church Street, North Vijayanarayanam, Thisayanvilai Taluk, Tirunelveli District - 627 118.
... Petitioner Vs.
1.The Principal Secretary, Department of Public Works, Government of Tamil Nadu, Fort St. George, Chennai - 9.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.The Executive Engineer, Public Works Department (W.R.O), Tamarabharani Basin Division, Tirunelveli - 627 002.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents herein to pass necessary orders to release water from Manimutharu Dam to Vijayanarayanam Periyakulam for an additional period of at least 10 days from 31.03.2021.
For Petitioner : Mr.P.Subbaraj For Respondents : Mr.K.P.Krishnadass Special Government Pleader * * * * *
ORDER
(Order of the Court was made by T. S. SIVAGNANAM, J.) The writ petitioner, by way of this Public Interest Litigation, has sought for issuance of a Writ of Mandamus, directing the respondents herein to pass necessary orders to release water from Manimutharu Dam to Vijayanarayanam Periyakulam for an additional period of at least 10 days from 31.03.2021. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.7240 of 2021 2.Considering the jurisdiction we are exercising under Article 226 of the Constitution of India, we cannot issue any positive direction to the authorities to release a particular quantity of water to particular area for a particular number of days and it is for the authorities concerned to consider the same and take a decision. In this regard, the petitioner has made a representation to the third respondent 26.03.2021. Therefore, we direct the third respondent to consider the representation of the petitioner dated 26.03.2021, and do the needful, by passing appropriate orders on merits and in accordance with law as expeditiously as possible.
3.The Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Principal Secretary, Department of Public Works, Government of Tamil Nadu, Fort St. George, Chennai - 9.
2.The District Collector, Tirunelveli District, Tirunelveli.
3.The Executive Engineer, Public Works Department (W.R.O), Tamarabharani Basin Division, Tirunelveli - 627 002.
+1 CC to M/s.SPL GP ( SR-16498[F] dated 19/04/2021 ) W.P.(MD)No.7240 of 2021 17.04.2021 RK (28.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2