S.Sivaraman v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.(MD) Nos.24122 & 24306 of 2018 and W.M.P.(MD)No.22001 of 2018 S.Sivaraman ... Petitioner in W.P.(MD)No.24122 of 2018 M.Navaneethabalan ... Petitioner in W.P.(MD)No.24306 of 2018 -Vs1.The Director, Technology Mission Cell, (Water and Clean Energy), Ministry of Science and Technology, Department of Science and Technology, Technology Bhavan, New Mehrauli Road, New Delhi - 110 016.

2.The Home Secretary, Government of Tamil Nadu, St. George Fort, Secretariat, Chennai - 600 009.

3.The Director of Town Panchayats, O/o. The Managing Director, Kuralagam, Chennai - 600 108.

4.The District Collector, Sivagangai District, Sivagangai.

5.The Assistant Director of Town Panchayats, O/o. The Assistant Director of Town Panchayats, Sivagangai Zone, Sivagangai District.

6.The Executive Officer, Thiruppattur Town Panchayats, Thiruppattur Taluk, Sivagangai District.

7.The Managing Director, Water System India Private Limited, Chennai - 600 041.

... Respondents in W.P.(MD)No.24122 of 2018 1.The Director, Technology Mission Cell, (Water and Clean Energy), Ministry of Science and Technology, Department of Science and Technology,

Technology Bhavan, New Mehrauli Road, New Delhi - 110 016.

2.The Director, Town Panchayat Department, Kuralagam, Chennai.

3.The Assistant Director(Planning), Town Panchayath Department, Kuralagam, Chennai.

4.The District Collector, Office of the District Collector, Sivagangai District.

5.The Executive Officer, Thiruppattur Selection Grade Panchayat, Thiruppattur Taluk, Sivagangai District.

6.Water Systems India (P) Ltd, No.H74/F1, HIG flats, Mullai Apartments, Thiruvalluvar Nagar, Chennai.

... Respondents in W.P.(MD)No.24306 of 2018

PRAYER in W.P.(MD)No.24122 of 2018: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 5 to 7 to run the Winning Augmentation and Renovation War for Water Programme situated at Kalliamman Kovil Street, Thiruppattur, Sivagangai District in the light of the proceedings of the third respondent in Na.Ka.No.5360/2018/AA3 dated 08.05.2018, within the period that may be stipulated by this Court.

PRAYER in W.P.(MD)No.24306 of 2018: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to re-open the RO (Reverse Osmosis) Plant which is situated at Kalliamman Temple and Santaipettai in Thiruppathur Taluk, Sivagangai District and also to consider the petitioner's representation dated 20.11.2018.

W.P.(MD)No.24122 of 2018:

For Petitioner : Mrs.A.Banumathy For R1 : Mr.K.Govindarajan, Deputy Solicitor General of India for Mr.Karthikeya Venkatachalapathy For R2 to R5 : Mr.P.Thilak Kumar, Government Pleader For R6 : Mr.M.Rajarajan For R7 : Mr.R.Murugaboopathy

W.P.(MD)No.24306 of 2018:

For Petitioner : Mr.A.Abdul Wahab for Mr.M.Dinesh For R1 : Mr.K.Govindarajan, Deputy Solicitor General of India for Mr.K.R.Laxman For R2 to R4 : Mr.P.Thilak Kumar, Government Pleader For R5 : Mr.M.Rajarajan For R6 : Mr.R.Murugaboopathy COMMON ORDER [Common Order of the Court was made by The Hon'ble CHIEF JUSTICE] Learned Deputy Solicitor General of India stated that as per the Scheme, the Water Purification Plant was installed sometime in 2012. As per the Scheme, the Central Government was to run the plant for two years and the Village Panchayat was to take over thereafter. As the Village Panchayat was not coming forward, the Central Government extended the Scheme for three more years. The scheme was introduced in two villages viz., Mamsapuram and Thiruppathur as pilot project.

2. Mr.K.Govindarajan, states that further three year period expired sometime in 2017. Thereafter, nobody has come forward and the entire plant

is lying in total disuse. It was submitted that as the project became unviable, nothing further was done. He further says, even the key was handed over to the Village Panchayat and it was the responsibility of the Panchayat to take over the plant and use it to the optimum capacity.

3. Petitioners may contact the Panchayat, take the key and run the plant. Certainly, that will not make the petitioners owners of the plant and the petitioners will not have any right on the plant. The role of the petitioners will be as good samaritans to help their villagers because that is what petitioners say as Public Interest Litigants.

4. Writ Petitions stand disposed of in terms of above findings. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[K.R.SHRIRAM., C.J.] & [V.LAKSHMINARAYANAN, J.] 14.02.2025 NCC : Yes / No Index : Yes / No MR

To 1.The Director, Technology Mission Cell, (Water and Clean Energy), Ministry of Science and Technology, Department of Science and Technology, Technology Bhavan, New Mehrauli Road, New Delhi - 110 016.

2.The Home Secretary, Government of Tamil Nadu, St. George Fort, Secretariat, Chennai - 600 009.

3.The Director of Town Panchayats, O/o. The Managing Director, Kuralagam, Chennai - 600 108.

4.The Assistnat Director (Planning), Town Panchayat Department, Kuralagam, Chennai.

5.The District Collector, Sivagangai District, Sivagangai.

6.The Assistant Director of Town Panchayats, O/o. The Assistant Director of Town Panchayats, Sivagangai Zone, Sivagangai District.

7.The Executive Officer, Thiruppattur Town Panchayats, Thiruppattur Taluk, Sivagangai District.

THE HON'BLE CHIEF JUSTICE and V.LAKSHMINARAYANAN , J.

MR W.P.(MD) Nos.24122 & 24306 of 2018 14.02.2025