S.M.A.Gandhimathi Nathan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.10969 to 10971 & 11784 of 2023 S.M.A.Gandhimathi Nathan ... Petitioner Vs.

1.The State represented by The Secretary, Public Works Department, Secretariat St.George Fort, Chennai - 09.

2.The Chief Engineer, Public Works Department / Construction and Maintenance, Chepauk, Chennai - 05.

3.The District Collector, Collectorate, 1/5

4.The Executive Engineer, Public Works Department, / Vaippar River Water Basin, 5.The Block Development Officer (Panchayat), O/o.Block Development Officer, Vilathikulam Panchayat Union, 6.M/s.Kshema Power and Infrastructure Company Pvt Ltd., No.94, Defence Colony, 13th Cross Street, Ekkatuthangal, Chennai - 600 032.

7.M/s.Kasema Power and Infrastructure Company Pvt Ltd., WQVC + 505, Vadakku Subramaniyapuram, Kayathar, Thoothukudi District - 628 952.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No. OouNe4/9271/2022 dated 24.03.2023 on the file of the third respondent and quash the same as illegal and consequently directing the respondents to stop the construction of temporary pathway on the Water Body Stream (Oodai) situated in S.No.25 at Ayanchengalpadai and Marthandampatti Village, Vilathikulam Panchayat Union, Thoothukudi District and restore the land in the original position of water body. For Petitioner : Mr.I.Pinaygash 2/5

For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.5 Mr.C.Jaganathan for R.6

ORDER

Heard the learned counsel on either side.

2. The learned counsel appearing for the petitioner states that water body has since been restored and nothing survives for further adjudication. Recording the subsequent development, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[G.R.S., J.] [B.P., J.] 15.06.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Secretary, Public Works Department, Secretariat St.George Fort, Chennai - 09.

3/5

2.The Chief Engineer, Public Works Department / Construction and Maintenance, Chepauk, Chennai - 05.

3.The District Collector, Collectorate, 4.The Executive Engineer, Public Works Department, / Vaippar River Water Basin, 5.The Block Development Officer (Panchayat), O/o.Block Development Officer, Vilathikulam Panchayat Union, 4/5

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

MGA and W.M.P(MD)Nos.10969 to 10971 & 11784 of 2023 15.06.2023 5/5