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Madras High CourtWP(MD)/24446/2016closed

G.Ramachandran, v. The Distirct Collector

2017-03-15Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.24446 of 2016 and WMP (MD) No.17641 of 2016 G.Ramachandran ... Petitioner -vs1.

The District Collector, Thoothukudi, Thoothukudi District.

2.

The Revenue Divisional Officer, Thoothukudi, Thoothukudi District.

3.

The Inspector of Police, Kurumpur Police Station, Thoothukudi.

4.

The President, Sethukkuvaidhan Panchayat, Thoothukudi Taluk, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the Respondents 1 to 3 to provide necessary protection to the petitioner to carry out his business of drawing and selling water from his land at Survey No.548(1B) 593(1) Sethukuvaidhan village, Thoothukudi Taluk, Thoothukudi Dist.

For Petitioner :

Mr.S.M.Mohan Gandhi For R1 to R3 :

Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader *****

O R D E R

This petition has been filed, seeking to direct the Respondents 1 to 3 to provide necessary protection to the petitioner to carry out his business of drawing and selling water https://hcservices.ecourts.gov.in/hcservices/

from his land at Survey No.548(1B) 593(1) Sethukuvaidhan village, Thoothukudi Taluk, Thoothukudi Dist.

2. It is the case of the petitioner that he is drawing water from his own land and selling the same to outsiders and that the President of Sethukkuvaidhan Panchayat / 4th respondent herein is preventing the petitioner and therefore, the petitioner is before this Court with the above prayer.

3. Learned counsel for the petitioner placed reliance upon the earlier orders of this Court in W.P.(MD)12668 of 2012 and W.P.(MD) No.2953 of 2010.

4. It is true that one can draw water from his own land for his use, but when there is a drought situation in the State of Tamil Nadu, the State does have the power to regulate the water resources for equitable distribution.

5. Recording the same, this petition is closed with liberty to the petitioner to approach this Court as and when a cause of action arises. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To:

1.

The District Collector, Thoothukudi, Thoothukudi District.

2.

The Revenue Divisional Officer, Thoothukudi, Thoothukudi District.

3.

The Inspector of Police, Kurumpur Police Station, Thoothukudi.

+One cc to Mr.S.M.Mohan Gandhi, Advocate, SR.No.15693 +One cc to The Special Government Pleader, SR.No.15079 ar RL/6C/2P/SKN/RSK/10.4.2017 W.P.(MD) No.24446 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 15.03.2017