P. Ayyakannu,State President, v. The Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2015 CORAM :
THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.10184 of 2015 P.Ayyakannu State President, National South Indian River Integration Agriculturist Association,No.3, Malar Salai, Annamalai Nagar,Karur Byepass Road, Tiruchirappalli ... Petitioner Vs.
1.The Government of Tamil Nadu, by its Secretary, Department of Public Works, Chennai.
2.The District Collector, Trichirappalli.
3.The Chief Engineer, River Irrigation, Public Works Department, Trichirappalli.
4.The Executive Engineer, Pollution Control Board, Trichirappalli.
5.The City Corporation, Trichirappalli.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to take effective steps against the 5th respondent and the bodies and persons against polluting the river Cauvery. For Petitioner : Mr.S.Muthukrishnan For Respondents 1-3&5 : Mr.M.Govindan, Special Government Pleader.
For 4th Respondent : Mr.C.Elaman
ORDER
(Order of the Court was made by R.SUDHAKAR,J.) The writ petition has been filed to direct the respondents to take effective steps against the City Corporation, Trichirappalli, the fifth respondent herein and the persons who are polluting the river Cauvery.
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2.Admittedly, the petitioner has not approached the competent authority before filing this writ petition and therefore, no relief as prayed for in the writ petition can be granted. However, liberty is granted to the petitioner to approach the competent authority with proper representation relating to the allegation of pollution to river Cauvery. On receipt of such representation, the competent authority, viz., Pollution Control Board and the District Collector shall take action on the representation of the petitioner. If no action is taken by the competent authority, then the petitioner is at liberty to approach the appropriate forum.
3.With the above observation, the writ petition is disposed of. No costs. Consequently, M.P(MD)No.1 of 2015 is closed.
Sd/- Assistant Registrar(writ) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Government of Tamil Nadu, Department of Public Works, Chennai.
2.The District Collector, Trichirappalli.
3.The Chief Engineer, River Irrigation, Public Works Department, Trichirappalli.
4. The Executive Engineer, Pollution Control & Board, Tiruchirappalli.
5.The City Corporation, Trichirappalli +1 cc to MR.S.Muthukrishnan, Advocate Sr.No 45809 +1 cc to M/S.Spl.Govt.Pleader, Sr.No 46317 sms JAM/JGB&DP/SAR-I/24.8.15/2P-8C Writ Petition (MD) No.10184 of 2015 12.08.2015 https://hcservices.ecourts.gov.in/hcservices/