K.K.Ramesh, v. The Govt. Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.19606 of 2014 K.K.Ramesh, Managing Trustee, Tamil nadu Centre for Public Interest Litigation No.26A, Old Mahalipatti Road, Madurai 625 001 ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep by its Secretary, Public Works Department and Water Resources Organization, Fort St., George, Secretariat, Chennai 600 009.

2.The Engineer in Chief, Water Resources Department, Chepauk, Chennai 5 3.The Chief Engineer, Operation and Maintenance, Water Resources Department, Chepauk, Chennai 5 ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to remove the accumulated mud, sludge and clay in the 1.Aliyar Reservoir, 2.Amaravathidam 3.Bhavanisagar dam 4.Kallanai dam 5.kodiveridam 6.Krishnagiri dam 7.Mettur dam 8.Papanasam dam 9.Pechiparai Reservoir 10.Perunchani dam 11.Sathanur Reservoir and improve the storage level of the dam by considering the petitioner's representation dated 12.05.2014. For Petitioner : Mr.R.Kannan For Respondents : Mr.M.Govindan, Special Government Pleader.

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) https://hcservices.ecourts.gov.in/hcservices/ This writ petition has been filed in public interest, seeking a

Writ of Mandamus to direct the respondents to remove the accumulated mud, sludge and clay in the Dams mentioned in the writ petition and improve storage level of the dams, by considering the petitioner's representation dated 12.05.2014.

2. Heard both sides.

3. The grievance of the petitioner is that the representation dated 12.05.2014 submitted by the petitioner, has not been considered so far and hence, this writ petition.

4. Though the petitioner has sought for the relief as above, the learned Counsel for the petitioner would submit that the representation dated 12.05.2014 submitted by the petitioner may be directed to be considered by the respondents.

5. Accordingly, without going into the merits of the petitioner's claim, the concerned authority is directed to verify the nature of the complaint made by the petitioner and consider the representation of the petitioner dated 12.05.2014 on its own merit and in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to deal with the matter on its own merit as per law.

6. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar mj To 1.The Secretary, Government of Tamil Nadu, Public Works Department and Water Resources Organization, Fort St., George, Secretariat, Chennai 600 009.

2.The Engineer in Chief, Water Resources Department, Chepauk, Chennai 5 3.The Chief Engineer, Operation and Maintenance, Water Resources Department, Chepauk, Chennai 5 +1CC to Spl.Government Pleader Sr.No.52715 GJM/DP/JGB/16.9.15-2P-5C https://hcservices.ecourts.gov.in/hcservices/ Writ Petition (MD) No.19606 of 2014 07.09.2015