Madras High CourtWP(MD)/15731/2017disposed of

St.Marys Church Parish v. The State Of Tamiln Nadu

2017-09-18Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.15731 of 2017 and W.M.P.(MD)No.12441 of 2017 St.Mary's Church Parish Council, Represented by its Secretary, S.Sunil, .. Petitioner Vs.

1. The State of Tamilnadu, Represented by its Principal Secretary, Department of Animal Husbandry, Dairying and Fisheries, Fort St. George, Chennai-09.

2. The Public Works Department, Represented by its Principal Secretary, Fort St.George, Chennai-09.

3. The District Collector, Kanyakumari District, Kanyakumari.

4. The Executive Engineer, WRO/PWD, Anti Sea Erosion Division, Kanyakumari District. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 to 4 to control sea incursion in the west coast villages of the Kanyakumari District namely Neerodi Marthandanthurai, Vallavillai, Eraviputhanthurai, Chinnathurai, Thotthor, Poothurai and Erayumanthurai by laying groynes within the time frame stipulated by this Court.

For petitioner : Mr.S.Rajasekar For Respondents : Mr.T.S.Md.Mohideen Additional Government Pleader

O R D E R

************ [Order of the Court was made by G.R.SWAMINATHAN, J.] The petitioner has filed this writ petition in public interest. He wants the authorities to take appropriate steps for controlling sea incursion in the west coast villages of Kanyakumari District, namely, Neerodi Marthandanthurai, Vallavillai, Eraviputhanthurai, Chinnathurai, Thotthor, Poothurai and Erayumanthurai.

2.When the matter was taken up for disposal, the fourth respondnet filed his counter affidavit, wherein he has stated in paragraph no.6 that Anti Sea Erosion work were undertaken by them. The said counter affidavit is taken on record. It is further stated that the Groynes have already been constructed at Eryumanthurai and Thoothur villages. The work constructing in the other two villages is also in progress. This Court expects that the works suggested in the counter affidavit could be expeditiously done. In view of the steps already taken and proposed to be taken by the fourth respondent, there is no need for any further adjudication in the matter.

3.This writ petition is accordingly disposed of. Consequently, connected miscellaneous petition is also closed. No costs.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To:

1. The Principal Secretary, Department of Animal Husbandry, Dairying and Fisheries, Fort St. George, Chennai-09.

2. The Principal Secretary, The Public Works Department, Represented by its Principal Secretary, Fort St.George, Chennai-09.

3. The District Collector, Kanyakumari District, Kanyakumari.

4. The Executive Engineer, WRO/PWD, Anti Sea Erosion Division, Kanyakumari District.

+ 1 cc TO Mr.T.Lajapathi Roy , Advocate in SR No. 79488 +1cc to The Special Government Pleader in SR.No.79730 rmk/PJL AE/KP/SAR3/09.10.2017/3P/7C W.P(MD)No.15731 of 2017 18.09.2017