Madras High CourtWP(MD)/810/2014closed

S. Nainar Kulasekaran, v. The Additional Chief

2016-10-03Honourable The Chief Justice,Honourable Mr Justice S. Nagamuthu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2016

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.P.(MD).No.810 of 2014 and M.P.Nos.2 to 5 of 2014 1.S.Nainar Kulasekaran 2.P.Sivagnanavel 3.M.Sampath 4.R.Murugan @ Bharathi Murugan : Petitioners Vs.

1.The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department [MC-6], Government of Tamil Nadu, St.Fort.George, Chennai. 2.The Secretary to Government, Public Works Department, Government of Tamil Nadu, St.Fort.George, Chennai.

3.The Managing Director, TWAD Board, Secretariat, St.Fort.George, Chennai.

4.The District Collector, Thoothukudi District, Thoothukudi.

5.The Chief Engineer, Public Works Department and Water Resources Organization, Madurai Region, Madurai 625 002.

6.The Executive Engineer, Public Works Department and Water Resources Organization, Thamirabarani Basin Division, Tiruneveli 2.

7.The Commissioner, Thoothukudi City Municipal Corporation, Thoothukudi.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned G.O.(4D).No.3, dated 22.10.2012 issued by the first respondent and quash the same.

For Appellant : Mr.G.R.Swaminathan For Mr.T.Antony Arul Raj For Respondents 1,2 and 4 to 6: Mr.M.Govindan Special Government Pleader For Respondent No.3 : Ms.Porkodi Kannan For Respondent No.7 : Mr.Saji Bino

O R D E R

[Order of the Court was made by The Hon'ble The Chief Justice] The project in question dealt with vide the impugned Government Order is already over and established. The matter in issue is one of balancing between the right to get drinking water as against the right of the farmers to get water for cultivation. In the facts of the case, a need for drinking water has been felt as more essential.

2. The learned counsel for the petitioner sought to rely on some inter-departmental communications and the opinion of the Public Works Department, but then that is the matter of opinion for the consideration of the Government and it cannot be the basis for the claim of the petitioner.

3. We are, however, of the view that if the petitioners have currently any difficulty, they can approach the concerned authorities in respect of the extent of allocation of water for two different purposes.

4. The Writ Petition accordingly stands closed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department [MC-6], Government of Tamil Nadu, St.Fort.George, Chennai. 2.The Secretary to Government, Public Works Department, Government of Tamil Nadu, St.Fort.George, Chennai.