Madras High CourtWP(MD)/11811/2022dismissed

Muthusamy.M v. The District Collector

2022-06-15Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA M.Muthusamy : Petitioner Vs.

1.The District Collector, Karur District.

2.The Revenue Divisional Officer, Karur, Karur District.

3.The Tahsildar, Manmangalam Taluk, Karur District, 4.The Executive Engineer, Public Works Department, Hospital Road, Karur District.

5.The Assistant Executive Engineer, TANGEDCO, Karur North, Karur District.

6.The Assistant Engineer, River Conservation Divisions, Karur District.

7.The Assistant Executive Engineer, Water Resource Department, River Conservation Divisions, Kulithalai, Karur District.

8.Kandasamy [Ex. V.A.O.] 9.Kandasamy 10.Chellamuthu : Respondents 1/3

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the official respondents 1 to 7 to take appropriate action as against the respondents 8 to 10 for doing unauthorized water pumping in the name of "Kaliyappa Goundan Puthur Neeretrum Paasana Sangam" near the river bank of "Kaveri" at Achamapuram Village and Nerur South Zone Village of Manmangalam Taluk, Karur District, consequently remove the unauthorized well and electric motors erected by the respondents 8 to 10 based upon the representation given by the petitioner dated 28.07.2021 at once.

For Petitioner : Mr.M.Laxmi Mahendraa For Respondents 1 to 7: Mr.S.R.A.Ramachandran Additional Government Pleader

O R D E R

*********** [Order of the Court was made by P.N.PRAKASH, J.] Alleging that respondents 8 to 10 are drawing water unauthorisedly from the Kaveri river, the present Public Interest Litigation has been filed for a direction to the respondents 1 to 8 to stop the same.

2.Today, Mr.N.Karthik, Assistant Engineer, WRD, RC Section, Karur [Mob. No.: 6382153643] and Mr.K.Saravanan, Vangal Firka Revenue Inspector, Taluk Office, Manmangalam Taluk [Mob. No.: 9677352141] are present.

3.On instructions, learned Additional Government Pleader appearing for the respondents 1 to 7 submitted that respondents 8 to 10 are drawing water from a well in their own patta lands for the purpose of usage by the members of their association. 4.The petitioner has not placed any credible materials before this Court to show that respondents 8 to 10 are illegally drawing water from Kaveri river as alleged by the petitioner. In such view of the matter, we do not find any merit in this Writ Petition. 5.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

Sd/- Assistant Registrar(Records) // True Copy // /06/2022 Sub Assistant Registrar(CS) 2/3

MR To 1.The District Collector, Karur District.