Rajasubramanian.S v. The Chief Engineer State Ground

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Rajasubramanian .... Petitioner Vs 1.The Chief Engineer State Ground And Surface Water Resoures Date Centre, Water Resources Department, Chennai.

2.The Executive Engineer, Ground and surface Water Division, Water Resources Department, Tirunelveli.

3.C.Velsamy (The third respondent is impleaded as per the order of this Court dated 27.1.2025)

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to grant No objection certificate/License to extract water from bore well situated in the petitioner's land bearing S.No.25/3A comprised in Patta No.1026 in Servaikaranmadam Village, Thoothukudi Taluk and District and transport the same to Thoothukudi Town on supplying to Residence, Institutions, Ice plants and Marriage halls with such condition as may be reasonable on consideration of the petitioner application dated 10.08.2022.

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For Petitioner : Mr.V.Chandrasekar For R1 & R2 : Mr.D.Gandhi Raj Special Government Pleader For R3 : Mr.S.M.Mohan Gandhi

O R D E R

This writ petition has been filed for a direction directing respondents to grant No objection certificate/License to extract water from bore well situated in the petitioner's land bearing S.No.25/3A comprised in Patta No.1026 in Servaikaranmadam Village, Thoothukudi Taluk and District and transport the same to Thoothukudi Town on supplying to Residence, Institutions, Ice plants and Marriage halls.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. Without expressing any opinion on merits of the writ petition, the first respondent is directed to consider the application submitted by the petitioner seeking license to extract water from bore well comprised in S.No. 25/3A comprised in Patta No.1026 situated at Servaikaranmadam Village, Thoothukudi Taluk and District as applied for commercial purpose and pass 2/4

orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order after issuing notice to the petitioner and the impleading third respondent and after giving an opprotunity of hearing.

4. With the above direction, the writ petition is disposed of. No costs. Internet : Yes Index : Yes/No 27.01.2025 Speaking/Non Speaking order am To 1.The Chief Engineer State Ground And Surface Water Resoures Date Centre, Water Resources Department, Chennai.

2.The Executive Engineer, Ground and surface Water Division, Water Resources Department, Tirunelveli.

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G.K.ILANTHIRAIYAN, J.

am 27.01.2025 4/4