Madras High CourtWP(MD)/19376/2016disposed of

Charles, S/O.Chellakkan, v. The District Collector,

2016-10-05Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.19376 of 2016 and W.M.P.(MD)No.13970 of 2016 Charles : Petitioner Vs.

1.The District Collector, O/o. District Collectorate, Kanyakumari District at Nagercoil.

2.The Executive Officer, Reethapuram Town Panchayat, Reethapuram, Kanyakumari District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to proceed the dredging work in the pond by name Karaiyakulam, situated in Karaiyakulam Village within the limit of Reethapuram Town Panchayat, Kanyakumari District, only after the plants are harvested around the Karaiyakulam pond. For Petitioner : Mr.P.Santhana Krishnan For Respondents : Mr.Aayiram K.Selvakumar, Government Advocate

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Public Interest Litigation, seeking a direction to the respondents to proceed with the dredging work in the pond, by name Karaiyakulam, situated in Karaiyakulam Village, in Kanyakumari District, until the harvest is over in the neighbouring areas.

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2. This Writ Petition has come up today for admission. We have heard the learned counsel for the petitioner and the learned Government Advocate, taking notice for the respondents. We have also perused the records carefully.

3. The apprehension of the petitioner is that under the guise of desilting the pond, without taking adequate measure, likelihood of water being released, which may affect the crops, which are raised in the neighbouring lands.

4. The learned Government Advocate, taking notice for the respondents, would submit that the Public Works Department would take adequate care to ensure that there is no damage caused to the crops by release of water. The same is recorded.

5. The Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/ Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To 1.The District Collector, O/o. District Collectorate, Kanyakumari District at Nagercoil.

2.The Executive Officer, Reethapuram Town Panchayat, Reethapuram, Kanyakumari District.

+1 cc to M/S.P.SANTHANAKRISHNAN, Advocate Sr.No.59723 +1 cc to Special Government Pleader Sr.No.60598 Order made in W.P.[MD].No.19376 of 2016 Dated: 05.10.2016 SMA/SKS-RR/19/10/2016 :2P/5C https://hcservices.ecourts.gov.in/hcservices/