Madras High CourtWP(MD)/13452/2022closed

Ramaraja.K v. The Government Of Tamil Nadu

2022-06-28Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR and WMP (MD) No.9548 of 2022 K.Ramaraja : Petitioner Vs.

1.The Government of Tamil Nadu Rep. by its Secretary Department of Water Resources (WRD) Fort St. George, Chennai.

2.The District Collector Kanyakumari District Nagercoil.

3.The District Forest Officer, Kanyakumari District Nagercoil.

4.The Executive Engineer Public Works Department Kothaiyar Division, Nagercoil Kanyakumari District.

5.The District Collector Tirunelveli District Tirunelveli.

6.The Tahsildar Radhapuram Taluk Tirunelveli District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 3,4, and 5 to grant permission and assistance for cleaning the high level water supply channel situated in the Reserve Forest Area under the jurisdiction of 3rd respondent and being maintained by the 4th respondent as from Alanthurai Aaru to Suravali Odai Anai in the Western Ghats near Panagudi Village, presently Radhapuram Taluk and originally Nanguneri Taluk, Tirunelveli District on our cost or in alternative direct the respondents 3,4 1/3

and 5 to take effective measurements to clear all the debris stones, waste materials in the water channel on the allotted funds for this purpose by the 1st respondent within a time frame as stipulated. For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.P.Thilakkumar Government Pleader

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) In the opinion of this Court, a mandamus as prayed for by the petitioner cannot be granted in the absence of a statutory duty on the part of the respondents. However, on instructions, the learned Government Pleader submitted that the authorities are manually clearing the channel bed, but since the channel passes through forest area, they have sought the protection of forest officials against sudden attack by animals. He also produced photographs in support of this. Recording the same, this petition is closed. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AD-I) // True Copy // /07/2022 Sub Assistant Registrar(CS) RR To 1.The Secretary Department of Water Resources (WRD) Fort St. George, Chennai.