Idumbankulam Water Users v. The Chief Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2017

CORAM

THE HON'BLE MR.JUSTICE A.SELVAM and THE HON'BLE MR.JUSTICE N.AUTHINATHAN W.P(MD) No.24194 of 2016 Idumbankulam Water Users Association, rep.by its President, Raja @ Rajaram ... Petitioner -vs1.The Chief Engineer, State Ground and Surface, Water Resources Data Centre, Tharamani, Chennai - 113.

2.The District Collector, Dindigul District.

3.Surya Vikas Aqua Industries, rep.by its Managing Partner K.S.Chinnadurai.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus forbearing the 1st respondent from issuing no objection certificate for the 3rd respondent for getting water for the proposed water plant for commercial purpose by digging bore well at Survey No.851/1C and survey No.849/2C to a total extent of 24 cents situated at Palani Village & Taluk, Dindigul District.

For Petitioner : Mr.D.Venkatesh For RR - 1 & 2 : Mr.K.Guru Additional Government Pleader For R - 3 : Mr.Anand Chandrasekar for Sarvabhauman Associates

O R D E R

[Order of the Court was made by A.SELVAM, J.] https://hcservices.ecourts.gov.in/hcservices/ This Writ Petition has been filed under Article 226 of the Constitution of India praying to forbear the first respondent from

issuing no objection certificate in favour of the third respondent to take water for commercial purpose from Survey Nos.851/1C and 849/2C by way of issuing a Writ of Mandamus.

2.The learned counsel appearing for the petitioner has advanced his argument on the basis of the averments made in the petition.

3.The learned counsel appearing for the third respondent has contended to the effect that for the purpose of getting necessary orders, a proceeding is pending on the file of the first respondent. 4.The learned Additional Government Pleader appearing for the respondents 1 and 2 has also contended to the effect that so far no order has been passed.

5.It is seen from the records that the petitioner has given a representation to the first respondent and the same has not at all been considered. Under the said circumstances, this Court is inclined to pass the following order.

"In fine, the first respondent is directed to look into the representation alleged to have been given by the petitioner and dispose of the same within a period of ten days."

6.With the above observation, this Writ Petition is disposed of. No costs. Consequently, WMP(MD)No.17469 of 2016 is closed. Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To 1.The Chief Engineer, State Ground and Surface, Water Resources Date Centre, Tharamani, Chennai - 113.

2.The District Collector, Dindigul District.

+1 CC to MR. S.ANAND CHANDRASEKAR, Advocate, SR No. 51789 +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER , SR No. 51996 +1 CC to MR.D.VENKADESH, Advocate, SR No. 52190 MJ PSM/KP/SAR3/24.04.2017/2P/6C W.P(MD) No.24194 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 12.04.2017