The Commissioner Of Municipality v. Karupaiah M

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Sixteenth day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR and The Hon`ble Mr.Justice G. ARUL MURUGAN IN WMP(MD) No.11652 of 2024 in WP(MD) No.13822 of 2023 THE COMMISSIONER OF MUNICIPALITY, ... Petitioner / 6th Respondent Vs 1 KARUPAIAH M 2 KASINATHAN 3 PARAMESHWARAN ... Respondents 1 to 3 / Petitioners 4 THE DISTRICT COLLECTOR PUDUKKOTTAI DISTRICT, PUDUKKOTTAI 5 THE SUPERINTENDING ENGINEER TRICHY REGION.

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6 THE EXECUTIVE ENGINEER WATER RESORUCES DEPARTMENT AND PUDUKKOTTAI DISTRICT.

7 THE REVENUE DIVISIONAL OFFICER, PUDUKKOTTAI DISTRICT.

8 THE TAHSILDAR PUDUKKOTTAI DISTRICT.

... Respondents 4 to 8 / Respondents 1 to 5 Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to vacate the interim injunction order dated 19.06.2023 IN W.MP(MD).No.11652 OF 2023 IN W.P(MD).No.13822 OF 2023.

WMP(MD) No.11652 of 2023:

1 KARUPAIAH 2 KASINATHAN 3 PARAMESHWARAN ... Petitioners Vs 1 THE DISTRICT COLLECTOR PUDUKKOTTAI DISTRICT, PUDUKKOTTAI 2 THE SUPERINTENDING ENGINEER TRICHY REGION 2/6

3 THE EXECUTIVE ENGINEERING 4 THE REVENUE DIVISIONAL OFFICER, 5 THE THASILDAR 6 THE COMMISSIONER OF MUNICIPALITY, ... Respondents Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of interim injunction restraining the respondents to drill the 10 Bore Wells in S.Nos. 381 and 228 South Vellar River at Aalapiranthan Village, Aranthangi Taluk, Pudukkottai District pending disposal of the above writ petition. Prayer in WP(MD). 13822/ 2023 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the 6th respondent from drilling and exploiting water from the 10 Bore Wells in S.Nos. 381 and 228 South Vellar River at Aalapiranthan Village, Aranthangi Taluk, Pudukkottai District. 3/6

ORDER : This writ miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.KAMESWARAN S, Advocate for the petitioner and of Mr.R.PARANJOTHI, Advocate on behalf of the Respondent Nos.1 to 3 and of Mr.P.THILAKKUMAR, Government Pleader on behalf of the Respondent Nos.4 to 8, the Court made the following order:- [Order of the Court was made by R.SURESH KUMAR, J.] We have gone through the report filed by the Superintending Engineer, Water Resources Department, Nadukkaveri Middle Division, Trichy Region, where inter alia, he has stated that the Aranthangi Taluk, where there is a proposal to dig bore well, has come under the safe zone, where the extraction of the water is less than 70%.

2.When that being so, there cannot be any plausible objection on the part of the petitioner for the work of digging bore well, which is meant for providing drinking water to the people, who are residing in the Aranthangi Municipal area. 3.In that view of the matter, we are inclined to vacate the interim order passed by this Court dated 19.06.2023 in W.M.P.(MD)No.11652 of 2023 in W.P.(MD) No.13822 of 2023. Accordingly, this Vacate Stay petition in W.M.P.(MD)No.6667 of 2024 is allowed and injunction petition in W.M.P.(MD)No.11652 of 2023 is dismissed.

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4.Post the main Writ Petition for hearing in usual course. sd/- 16/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

YUVA To 1 THE DISTRICT COLLECTOR PUDUKKOTTAI DISTRICT, PUDUKKOTTAI 2 THE SUPERINTENDING ENGINEER TRICHY REGION 3 THE EXECUTIVE ENGINEERING 4 THE REVENUE DIVISIONAL OFFICER, 5 THE THASILDAR 5/6

6 THE COMMISSIONER OF MUNICIPALITY,

ORDER

IN IN WMP(MD) No.11652 of 2024 in WP(MD) No.13822 of 2023 Date :16/07/2024 ED/ GS /SAR- (29/07/2024) 6P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6