Madras High CourtWP(MD)/11009/2022partly allowed

Vazhivazhikulam Tank v. The District Collector

2022-06-17Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.7929 of 2022 ''Vazhivazhikulam Tank Water Users Association''

represented by its President G.Sivasubramanian, S/o. Ganapathy Thevar, Door No.30/6, 1st Ward, Malaikoil Road, Sivagiri Town & Taluk, ... Petitioner Vs 1.The District Collector, Tenkasi, 2.The Executive Engineer, Public Works Department (WRO), Upper Vaipar Basin Sub Division, Rajapalayam, Virudhunagar District.

3.The Assistant Executove Engineer, Public Works Department (WRO), Upper Vaipar Basin Sub Division, Rajapalayam, Virudhunagar District.

4.The Forest Range Officer, Sivagiri Forest Range, Sivagiri, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to repair the blockage at Sinnaravu River and Seelankidai River situated within the jurisdiction of the fourth respondent and thereafter, conduct auction for the Vazhivazhikulam Tank for fishery activities after confirming the free flow of river water to Vazhivazhikulam Tank situated at Sivagiri Taluk, Tenkasi District. 1/3

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner seeks quite a few reliefs in this writ petition. I make it clear that the direction now issued in this writ petition is confined only to removing the blockage at Sinnaravu River and Seelankidai River. Since the petition mentioned blockage affects the inflow of water into the petition mentioned tank, the rights of the ayakthars are obviously affected. The second respondent is in charge of maintaining the river in question. Therefore, the second respondent is directed to take steps for removing the petition mentioned blockage. The writ petition is partly allowed. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CO) // True Copy // /07/2022 Sub Assistant Registrar(CS) mga To 1.The District Collector, Tenkasi, 2.The Executive Engineer, Public Works Department (WRO), Upper Vaipar Basin Sub Division, Rajapalayam, Virudhunagar District.

3.The Assistant Executove Engineer, Public Works Department (WRO), Upper Vaipar Basin Sub Division, Rajapalayam, Virudhunagar District.

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4.The Forest Range Officer, Sivagiri Forest Range, Sivagiri, +1 CC to M/s.SPL.GP ( SR-26842[F] dated 20/06/2022 ) 17.06.2022 AC(CO) KB(04.07.2022) 3P 6C 3/3