R.Veerabathiran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI R.Veerabathiran ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram, 3.The Chief Engineer, State Ground and Surface Water Resources Data Centre, Tharamani, Chennai-600 113.

4.The Inspector of Police, Uchipuli Police Station, Uchipuli, 5.The Inspector of Police, Mandapam Police Station, Mandapam, 6.P.K.Chandran ... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to take necessary action against the illegal extraction of ground water in Sathakonvalasai Village, Ramanathapuram as detailed in the representation of the petitioner dated 29.06.2019. For Petitioner : Mr.R.Subburaj For R1 to R5 : Mr.A.K.Baskara Pandian Special Government Pleader 1/3

ORDER

(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.R.Subburaj, learned counsel appearing for the petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader appearing for the respondent Nos.1 to 5. 2.By consent on either side, this writ petition is taken up for disposal.

3.This writ petition has been filed as a "public interest litigation" to prevent the menace of indiscriminate exploitation of ground water for commercial purpose without permission. 4.According to the petitioner, after the resolution was passed on 05.07.2017 by the Village Panchayat, banning such unauthorized drawal of water, most of the persons, who illegally drawing water, have removed their machineries. However, the sixth respondent has not done so and is continuing to extract water. The Water Resource Organisation is the appropriate authority to monitor the same. However, if it is within the jurisdiction of the second respondent, the second respondent can also initiate action. 5.

Considering these facts, we direct the second respondent and the competent authority of the Water Resource Organisation in Ramanathapuram District, to conduct a surprise inspection of the area in question and if it is found that there is an illegal extraction of ground water for commercial purpose without permission, the same shall be immediately closed. 6.With the above directions, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar Ns To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram, 2/3

3.The Chief Engineer, State Ground and Surface Water Resources Data Centre, Tharamani, Chennai-600 113.

4.The Inspector of Police, Uchipuli Police Station, Uchipuli, 5.The Inspector of Police, Mandapam Police Station, Mandapam, +1 CC to M/s.R.SUBBURAJ, Advocate ( SR-87138[F] dated 17/09/2019 ) +1 CC to M/s.SPL GP ( SR-87240[F] dated 17/09/2019 ) 16.09.2019 JM/17.10.2019/3P/8C 3/3