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Madras High CourtWP(MD)/5965/2017allowed

J.John Amalraj Secretary v. The District Collector

2017-06-20Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.5965 of 2017 J.John Amalraj .. Petitioner Vs.

1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Chief Engineer, State Ground and Surface Water Resources Date Centre, Tharamani, Chennai.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 21.11.2016 seeking to curb the menaces of illegal extraction of ground water for commercial purposes in an around Rameshwaram and also for a consequential direction to the second respondent to consider the petitioner's representation dated 31.01.2017 seeking to classify Rameshwaram Block as over exploited block within a period that may be stipulated by this Court.

For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.M.Govindan, Special Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to consider the representations dated 21.11.2016 and 31.01.2017 with regard to extracting of ground water for commercial purpose in the place mentioned therein, by way of issuing a Writ of Mandamus. 2.The learned counsel appearing for the petitioner has contended to the effect that the first respondent has granted permission to take underground water for commercial purpose. Since Rameshwaram is situate near sea, in future ground water will be https://hcservices.ecourts.gov.in/hcservices/

affected. Under the said circumstances two representations have been given, but the same have not been considered. 3.It is seen from the records that the petitioner has given two representations dated 21.11.2016 and 31.01.2017 and as pointed out earlier, the same have not been considered. Under the said circumstances, this Court is inclined to pass the following order. 4.In fine, this Writ Petition is allowed without costs. The respondents are directed to look into the representations dated 21.11.2016 and 31.01.2017 alleged to have been given by the petitioner within a period of one month and take appropriate action.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The Chief Engineer, State Ground and Surface Water Resources Date Centre, Tharamani, Chennai.

+1cc to Mr.M.Jerin Mathew,Advocate,SR.61522 +1cc to M/s.Special Government Pleader,SR.61181 ORDER MADE IN W.P(MD)No.5965 of 2017 20.06.2017 PS KK/GT/SAR1-30.06.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/