Kanakaraj v. State Of Tamil Nadu, Represented By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Kanakaraj ... Petitioner Vs.

1.The State represented by The Additional Chief Secretary, Publics Works Department, State of Tamil Nadu, Fort St.George, Secretariat, Chennai - 600 009.

2.The State represented by The Principal Secretary, Department of Municipal Administration and Water Supply, State of Tamil Nadu, Fort St.George, Secretariat, Chennai - 600 009.

3.The District Collector, Office of the District Collector, 1/6

4.The Commissioner, Madurai Corporation, Aringar Anna Maligai, Outpost, Thallakulam, Madurai - 625 002.

5.The Chief Engineer, Madurai Region, Thallakulam, Madurai - 625 002.

6.The Superintending Engineer, Periyar Vaigai Basin Circle, Madurai Region, Madurai - 625 002.

7.The Executive Engineer, Periyar Main Canal Division, Melur, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to inspect and remove all types of encroachments made at the water channels connecting to Uthangudi Kanmoi, Narayanapuram Nagankulam Kanmoi, Periyapuliyankulam Kanmoi, Aathikulam Kanmoi and Pudur Gandhipuram Kanmoi in Madurai District and restore the Periyar Canal which transports water from Vaigai dam to the above said Kanmois in accordance with law within the time stipulated by this court. 2/6

For Petitioner : Mr.R.Alagumani For Respondents : Mr.M.Siddharthan Additional Government Pleader for R.1 to R.3 & R.5 to R.7 Mr.P.Mayil Vahanan Standing Counsel for R.4

ORDER

Heard the learned counsel on either side.

2. The prayer made is too general and sweeping in nature. The petitioner wants the encroachments to be removed. But the encroachers have not been made parties even in representative capacity. This Court cannot be expected to pass orders behind their back. This writ petition is dismissed. We make it clear that the dismissal of this writ petition will not bar the petitioner from filing any fresh writ petition by couching the prayer appropriately. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 02.06.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 3/6

To 1.The Additional Chief Secretary, Publics Works Department, State of Tamil Nadu, Fort St.George, Secretariat, Chennai - 600 009.

2.The Principal Secretary, Department of Municipal Administration and Water Supply, State of Tamil Nadu, Fort St.George, Secretariat, Chennai - 600 009.

3.The District Collector, Office of the District Collector, 4.The Commissioner, Madurai Corporation, Aringar Anna Maligai, Outpost, Thallakulam, Madurai - 625 002.

5.The Chief Engineer, Madurai Region, Thallakulam, Madurai - 625 002.

6.The Superintending Engineer, Periyar Vaigai Basin Circle, Madurai Region, Madurai - 625 002.

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7.The Executive Engineer, Periyar Main Canal Division, Melur, 5/6

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 02.06.2023 6/6