Rajendran.S v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI S.Rajendran ... Petitioner Vs.
1.The Secretary, Secretariat, St. George Fort, Chennai.
2.The Chief Engineer, (Water Resources Organization), and Chief Engineer General, Chepauk, Chennai - 600 005.
3.The Chief Engineer, Madurai Region, Madurai.
4.The District Collector, Collector Office Building, Dindigul District.
5.The Engineer, Dindigul.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to decrease the height of check dam constructed in the Narasingapuram Raja Channel from 8 feet to 4 feet and by lowering the barrier level at Narasingapuram, namely Adimadi Village, Dindigul District and restore the natural course of water reaching Kaveri river through Alagapuri Kudaganaru Reservoir and make water resources available for the agricultural lands, situated at Vedasandur Village, Aravangkurichi Taluk, Karur, Dindigul District, by considering the representation of the petitioner, dated 12.12.2020, within a stipulated period in accordance with law. For Petitioner : Mr.M.Selvam For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader 1/3
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner, who hails from a particular Village, made a representation to respondent No. 4, seeking to consider his request to decrease the height of check dam constructed in the Narasingapuram Raja Channel from 8 feet to 4 feet, so that, his Village would get sufficient water supply. In other words, the grievance of the petitioner is that, if more water is stored in the check dam, his Village will get less water.
2.The learned Special Government Pleader appearing for the respondents submitted that substantial work has been done on the check dam. Hence, the Writ Petition is not maintainable and the same has to be dismissed.
3.As rightly submitted by the learned Special Government Pleader appearing for the respondents, since this is being a role of an Expert, this Court cannot go into the same. However, the petitioner having made a representation on 12.12.2020, we only direct respondent No.3 to look into the same and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. 4.This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Secretary, Secretariat, St. George Fort, Chennai.
2.The Chief Engineer, (Water Resources Organization), and Chief Engineer General, Chepauk, Chennai - 600 005.
2/3
3.The Chief Engineer, Madurai Region, Madurai.
4.The District Collector, Collector Office Building, Dindigul District.
5.The Engineer, Dindigul.
+1 CC to M/s.M.SELVAM, Advocate ( SR-1076[F] dated 19/01/2021 ) +1 CC to M/s.SPL GP ( SR-1272[F] dated 19/01/2021 ) 11.01.2021 TP(CO) KB(05.02.2021) 3P 8C 3/3