P.R.Pandian v. The Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.6399 & 6400 of 2020 P.R.Pandian ... Petitioner vs.

1.The Union of India, Represented by the Ministry of Jalsakthi, Irrigation and Water Resources Finance Corporation Limited, 8th Floor, Hindustan Times Building, 18 & 20, Kasturba Gandhi Marg, New Delhi - 110 001.

2.The Cauvery Water Management Authority (CWMA), The Ministry of Jai Sakthi, Department of Water Resources, River Development and Ganga Rejuvenation, New Delhi.

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3.The State of Tamil Nadu, Represented by the Principal Secretary to Government, Public Works (N1) Department, Fort St. George, Chennai.

4.G.A.Rajendiran 5.R.Seetharaman @ Thambaiyah 6.Ezhumalai 7.R.Srinivasan 8.R.Ranganathan 9.Mohan 10.Suresh 11.Ponnusamy 12.State of Karnataka, Represented by the Chief Secretary to Government, Vidhana Soudha, Dr.Ambedkar Veedhi, Bengaluru - 560 001.

... Respondents (R - 4 is impleaded vide order dated 15.07.2025 in W.M.P(MD)No.9041 of 2020) (RR 5 to 11 are impleaded vide order dated 15.07.2025 in W.M.P(MD)No.10626 of 2020) (R - 12 is impleaded vide order dated 15.07.2025 in W.M.P(MD)No.3559 of 2022) 2/7

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the third respondent in proceeding G.O.(Ms).No.193, Public Works (N1) Department dated 12.11.2019 and quash the same and consequently forbearing the third respondent from implementing the impugned G.O.(Ms).No.193, Public Works (N1) Department dated 12.11.2019.

For Petitioner : Mr.S.Ramsundarvijayraj For RR 1 & 2 : Mr.S.Paramasivam For R - 3 : Mr.P.Thilak Kumar Government Pleader For R - 4 : Mr.C.Dhanaseelan For RR 5 to 11 : Mr.S.Manickam For R - 12 : Mr.R.S.Ravi Senior Counsel for Mr.D.Kirubakaran 3/7

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been instituted challenging G.O.(Ms).No. 193, Public Works (N1) Department dated 12.11.2019. 2.The Government passed an order for the diversion of flood surplus water from the Mettur reservoir to the dry tanks in Saragabanga Sub-Basin in Salem District by lift irrigation, at an estimated cost of Rs.565 crores. Sanction was accorded by the Government for implementing the project.

3.It is a welfare project sanctioned to regulate the surplus water in Mettur Dam, which would be of greater assistance to the farmers and ayacutdhars in that locality. Moreover, it is a policy decision taken by the Government and would fall beyond the realm of the powers of the judicial review conferred on the High Court under Article 226 of the Constitution of India.

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4.Accordingly, this Writ Petition is not entertainable and the same is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. [S.M.S.,J.] & [S.S.Y.,J.] 15.07.2025 (1/2) NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Union of India, Represented by the Ministry of Jalsakthi, Irrigation and Water Resources Finance Corporation Limited, 8th Floor, Hindustan Times Building, 18 & 20, Kasturba Gandhi Marg, New Delhi - 110 001.

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2.The Cauvery Water Management Authority (CWMA), The Ministry of Jai Sakthi, Department of Water Resources, River Development and Ganga Rejuvenation, New Delhi.

3.The Principal Secretary to Government, Represented by the State of Tamil Nadu, Public Works (N1) Department, Fort St. George, Chennai.

4.The Chief Secretary to Government, Represented by the State of Karnataka, Vidhana Soudha, Dr.Ambedkar Veedhi, Bengaluru - 560 001.

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S.M.SUBRAMANIAM , J.

and S.SRIMATHY , J.

ps ORDER MADE IN DATED : 15.07.2025 (1/2) 7/7