R.Viju, S/O.Rajamoni v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2024 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P(MD)No.18883 of 2018 R.Viju ... Petitioner Vs.

1.The Principal Secretary Public Works Department, Fort.St.George, Chennai - 9.

2.The Principal Secretary Revenue and Disaster Management Department, Government of Tamilnadu, Fort St.George, Chennai - 9.

3.The Principal Secretary Animal Husbandry, Dairying and Fisheries Department, Government of Tamilnadu, Fort St. George, Chennai - 9.

4.The District Collector Kanyakumari District, Nagercoil.

5.The District Environmental Engineer, Tamilnadu Pollution Control Board, No.318/46A, Water Tank Road, Nagercoil, Kanyakumari District - 629 001.

6.The Special Officer / Block Development Officer, Painkulam Village / Panchayat, Painkulam, Villavancode Taluk, Kanyakumari District.

7.P.Robert Broose 8.T.Vincy 9.P.G.Sacretees Bose 10.Anandharajan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 6 to construct a culvert across the Thamiraparani river mouth at Thengapattinam Fishing Harbour and not allow the respondents 7 to

10 to spoil the agricultural lands by converting it as industrial area in the village at Parakkani, Vilavancode Taluk, Kanyakumari District, based on the petitioner's representation, dated 18.08.2018. For Petitioner : Mr.Ananth C.Rajesh For Respondents : Mr.T.Amjad Khan - for R1 to R6 Government Advocate Mr.M.R.Sreenivasan - for R7 Mr.J.Thomas Rajadurai - for R8 Mr.C.K.M.Appaji - for R10

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The Writ Petition is filed in the year 2018. The directions were sought against the respondent No.1 to 6 to construct a culvert across the Thamiraparani River mouth at Thengapattinam Fishing Harbour. The further prayer is made seeking direction against the respondent Nos.7 to 10 not to spoil the agricultural lands by converting it as industrial area.

2. The learned Government Advocate submits that the Check Dam was constructed for a length of 130 meter across

Thamirabarani River at Parakkani near Thengapattinam during 2019-2022 for an estimate of Rs.15.37 crores. The entire construction of Check Dam was completed on 04.06.2022.

3. It is the contention of the learned counsel for the respondent No.8 that the respondent No.8 is running an ice plant after obtaining necessary approval and it is not only the present respondent, but there are many ice plants functioning in the said area.

4. According to the learned counsel for the petitioner, the Check Dam that was constructed by the respondent Nos.1 to 6 has washed away in the Cyclone in December, 2023.

5. The Writ Petition is filed seeking construction of a culvert. However, the respondent Nos.1 to 6 had constructed the Check Dam and the same was completed on 04.06.2022.

6. The respondent authorities may survey the present position and if the Check Dam, as contended by the petitioner, is washed away, then, shall take appropriate steps expeditiously.

7. The respondents 7 to 10 are running the ice plants. They can run the ice plants only if they obtain necessary permission and approval from the authorities. It is for the authorities to consider whether necessary permissions are obtained.

8. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.V.G., C.J.] [M.S.K., J.] 01.03.2024 Index : Yes / No RM

To 1.The Principal Secretary Public Works Department, Fort.St.George, Chennai - 9.

2.The Principal Secretary Revenue and Disaster Management Department, Government of Tamilnadu, Fort.St.George, Chennai - 9.

3.The Principal Secretary Animal Husbandry, Dairying and Fisheries Department, Government of Tamilnadu, Fort St. George, Chennai - 9.

4.The District Collector Kanyakumari District, Nagercoil.

5.The District Environmental Engineer, Tamilnadu Pollution Control Board, No.318/46A, Water Tank Road, Nagercoil, Kanyakumari District - 629 001.

6.The Special Officer / Block Development Officer, Painkulam Village / Panchayat, Painkulam, Villavancode Taluk, Kanyakumari District.

THE HONOURABLE CHIEF JUSTICE and MUMMINENI SUDHEER KUMAR, J .

RM 01.03.2024