Delli Kumar.A v. The Govt Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI A.Delli Kumar ... Petitioner Vs.
1.The Government of Tamilnadu, Rep. by its Chief Secretary, Public Works Department, St. George Fort, Chennai.
2.The District Collector, Trichy District, Trichy.
3.The Executive Engineer, Public Works Department and Water Resource Organization, Cantonment, Trichy.
4.The Assistant Executive Engineer, River Conservancy Division, Public Works Department and Water Resource Organization, Musiri, Trichy District.
5.The Assistant Executive Engineer, River Conservancy Division, Public Works Department and Water Resource Organization, Thuraiyur, Trichy District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents to extend the water channel from Mullipadi Lake to Sittilarai Lake and provide water from the Cauvery River, on the basis of the petitioner's representation dated 01.02.2021 within a time frame that may be fixed by this Hon'ble Court. For Petitioner : Mr.K.Arunraj For Respondents : Mr.Veera Kathiravan Senior Counsel for State Government Assisted by Mr.A.K.Manickam Standing Counsel for Government 1/3
ORDER
(Order of the Court was made by T. S. SIVAGNANAM, J.) The petitioner seeks for a direction to the Respondents to extend the water channel from Mullipadi Lake to Sittilarai Lake and provide water from the Cauvery River, on the basis of his representation dated 01.02.2021 within a time frame. 2.Heard Mr.K.Arunraj, learned counsel for the petitioner, Mr.Veera Kathiravan, learned Senior Counsel for State Government appearing for the respondents.
3.There are several representations given by the general public as well as President of the Village Panchayat. 4.Learned counsel for the petitioner would submit that water from Mullipadi Lake can be made to flow into Sittilarai Lake and there is a channel in existence, but what is required is clearance and maintenance of the channel and by natural force water travelled to 11⁄2 kms and only for 1⁄2 km., if clearance work is done, the water will flow into Sittilarai Lake.
5.In the representation, the petitioner has stated that Sittilarai Lake is higher than Mullipadi Lake and therefore, there was a request either to pump the water from the channel or clear the existing channel. In our considered view, pumping water from a channel may not always feasible and it may be possible to bring water from Mullipadi Lake to Sittilarai Lake, which catering to the agricultural needs, by clearing the channel. Therefore, we direct respondent Nos.4 and 5 to look into the representation of the petitioner and if clearance of channel is required, that alone may be undertaken as expeditiously as possible.
6.The Writ Petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar (Records) // 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.
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To 1.The Chief Secretary, Public Works Department, Government of Tamilnadu, St. George Fort, Chennai.
2.The District Collector, Trichy District, Trichy.
3.The Executive Engineer, Public Works Department and Water Resource Organization, Cantonment, Trichy.
4.The Assistant Executive Engineer, River Conservancy Division, Public Works Department and Water Resource Organization, Musiri, Trichy District.
5.The Assistant Executive Engineer, River Conservancy Division, Public Works Department and Water Resource Organization, Thuraiyur, Trichy District.
+1 CC to M/s.SPL GP ( SR-19941[F] dated 22/06/2021 ) +1 CC to M/s.SPL GP ( SR-20035[F] dated 23/06/2021 ) 21.06.2021 CN (30.06.2021) 3P 8C 3/3