Sankar.S v. The Executive Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2022
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.21607 of 2022 S.Sankar ... Petitioner Vs.
1.The Executive Engineer, Public Works Department, Water Resource Organization, Office of Chief Engineer (General), PWD, Sepakam, Chennai - 5.
2.The District Collector, Sivagangai District, Sivagangai.
3.The Deputy Superintending Engineer, Special Chief Engineer (RSO) Office, Keelvaigai Vadinila Vattam, Sivagangai.
4.The Executive Engineer, Public Works Department, Water Resource Organization, Sarugani River Irrigation Channel Sub-Division, Sivagangai.
5.The Assistant Executive Engineer, Public Works Department, Water Resource Organization, Manamadurai, Sivagangai District.
... Respondents 1/5
Prayer:- Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to fulfil the Aadhanoor Kanmoi in Vaigai Dam Water coming monsoon season in every year for the purpose of agricultural work based on the petitioner's representation dated 24.08.2022.
For Petitioner : Mr.S.Muthupandi For Respondents : Mr.P.Thilak Kumar Government Pleader * * *
O R D E R
(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a writ of mandamus directing the respondents to fulfil the Aadhanoor Kanmoi in Vaigai Dam Water coming monsoon season in every year for the purpose of agricultural work based on the petitioner's representation dated 24.08.2022. 2.
Heard Mr.S.Muthupandi, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader 2/5
appearing for respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.
Claiming that Aadhanoor Kanmoi is a huge water body sprawling to an extent of 202 acres and having the storage capacity of 22.87 million gallons and every year the authorities are not filling the Kanmoi, the petitioner submitted a representation to the official respondents on 24.08.2022, and the same, according to learned counsel for the petitioner, is unattended. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the respondents to consider the representation of the petitioner dated 24.08.2022, in accordance with law.
4.
Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the merits of claim made by the petitioner either in the representation or in the affidavit filed in support of the Writ Petition, this Writ Petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 24.08.2022 and pass appropriate orders purely on merits and in accordance with 3/5
law and communicate the decision taken to the petitioner within a period of six weeks from the date of receipt of a copy of this order. No costs.
[R.M.D., J.] [J.S.N.P., J.] 12.09.2022 Internet : Yes / No Index : Yes / No sj To 1.The Executive Engineer, Public Works Department, Water Resource Organization, Office of Chief Engineer (General), PWD, Sepakam, Chennai - 5.
2.The District Collector, Sivagangai District, Sivagangai.
3.The Deputy Superintending Engineer, Special Chief Engineer (RSO) Office, Keelvaigai Vadinila Vattam, Sivagangai.
4.The Executive Engineer, Public Works Department, Water Resource Organization, Sarugani River Irrigation Channel Sub-Division, Sivagangai.
5.The Assistant Executive Engineer, Public Works Department, Water Resource Organization, Manamadurai, Sivagangai District.
4/5
R.MAHADEVAN, J.
and J.SATHYA NARAYANA PRASAD , J.
sj W.P(MD)No.21607 of 2022 12.09.2022 5/5