Rajendran.S v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2021

CORAM:

THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE and THE HON'BLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD) Nos.10042 & 10045 of 2021 S.Rajendran ... Petitioner -vs1.The Secretary Public Works Department Secretariat, St.George Fort Chennai 2.The Chief Engineer (Water Resources of Organization) and Chief Engineer General Public Works Department Chepauk, Chennai-600 005 3.The Chief Engineer Public Works Department Madurai Region, Madurai 4.The Collectorate Collector Office Building Dindigul District 5.The Engineer Public Works Department Dindigul ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records of the third respondent's impugned order in 19.03.2021 vide letter No.Thopi/SivaA/Ko.

2242/2021 and quash the same and directing the respondents to decrease the height of check dam constructed in the Narasingapuram Raja Channel from 8 feet to 4 feet and by lowering the barrier level at Narasingapuram, namely, Adimadi Village, Dindigul District and restore the natural course of water reaching Kaveri river through Alagapuri Kudaganaru Reservoir and make water resources available for the agricultural lands, situated at Vedasandur Village, Aravangkurichi Taluk, Karur, Dindigul District, within stipulated period.

For Petitioner :

Mr.Gokulakrishnan.U.

For Respondents :

Mr.R.Baskaran Government Counsel

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Mr.R.Baskaran, learned Government Counsel, takes notice on behalf of the respondents.

2. The grievance of the petitioner is that despite his representation that the height of a check dam on the Narasingapuram Raja Channel should be lowered from eight feet to four feet at Adimadi Village, Dindigul District, no action has been taken.

3. Mr.R.Baskaran points out that the third respondent would be the appropriate authority to take a decision on the matter.

4. Accordingly, the petitioner is permitted to carry a fresh representation to the third respondent within two weeks of the receipt of a copy of this order, detailing the petitioner's grievances and justifying the reasons for seeking the lowering of the height of the barrier. The third respondent will consider such representation in accordance with law upon giving an opportunity of hearing to both the petitioner and others likely to be affected by any order that may be passed on the representation. Such representation should be disposed of by a speaking order within eight weeks of the receipt thereof.

5. W.P.(MD) No.12972 of 2021 is disposed of without any order as to costs. W.M.P.(MD) Nos.10042 & 10045 of 2021 are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) krk / pkn 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.

To:

1.The Secretary, Public Works Department, Secretariat, St.George Fort, Chennai.

2.The Chief Engineer, (Water Resources of Organization), and Chief Engineer General, Public Works Department, Chepauk, Chennai-600 005.

3.The Chief Engineer, Public Works Department, Madurai Region, Madurai.

4.The Collectorate, Collector Office Building, Dindigul District.

5.The Engineer, Public Works Department, Dindigul.

+1 CC to M/s.SPL GP ( SR-24739[F] dated 30/07/2021 ) and W.M.P.(MD) Nos.10042 & 10045 of 2021 29.07.2021 RD(5.08.2021) 3P 7C