Madras High CourtWP(MD)/25743/2024disposed of

K.Muthu Krishnan v. The Principal Secretary

2024-10-28Honourable The Chief Justice,Honourable Mr Justice Mohammed Shaffiq6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/10/2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ K.Muthu Krishnan ... Petitioner Vs

1. The Principal Secretary Water Resources Department PWD Building, Chepauk, Chennai 600 009.

2. The District Collector Collectorate Office, Virudhunagar District 626 002.

3.The Executive Engineer Public Water Resources Department Vaippar Surface Water Division, Virudhunagar District 626 002.

4.The Tahsildar Taluk Office, Sattur Taluk Virudhunagar District 5.The Block Development Officer, Block Development Office, Sattur, Virudhunagar District ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of 1/6

India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 to 5 to take necessary action to rectify the damages in the 2nd sluice (Madai) of Public Tank (Kanmay) situated at Periyakoilpatti Village, Sattur Taluk, Virudhunagar District based on the petitioner's representation dated 30.07.2024.

For Petitioner : Mr.D.Ashokkumar For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by the Hon'ble the Chief Justice) In this Public Interest Litigation, allegation made is that the residents of Periyakollapatti Village, Neeravipatti Village, Pothirettipatti Village and Therkupatti Village are depending on a public tank (Kanmoi) for their water sources for agriculture and other purposes. There are five sluice (Madai) in the said kanmoi for releasing water. Said Kanmoi is maintained by third respondent.

2. It is only in 2020-21, a sum of Rs.47 lakhs was allotted under the Chief Minister's Kudimaramathu Scheme to service and maintain Kanmois. The said kanmoi with which petitioner is concerned was repaired approximately at a cost of Rs.47 lakhs. It is alleged that within 2/6

few months, the said Kanmoi got damaged including the repaired area and in particular the second sluice gate, which was fully damaged. This affected cultivation and despite repeated complaints to respondents, no action has been taken.

3. The learned Government Pleader requested the matter be stood over to post lunch session. Post lunch, counsel, on instructions from respondents, gave an undertaking that all repairs to the Kanmoi including the sluice gates will be carried out on or before 30.12.2024.

4. We are unable to make out how serious is the damage, but still would give time upto, including, 30.12.2024. The statement made by the learned Government Pleader is accepted as an undertaking by each of the five respondents namely, the Principal Secretary, Water Resources Department, District Collector, Virudhunagar District, Executive Engineer, Virudhunagar District, Tahsildar, Sattur Taluk, Virudhunagar District and the Block Development Officer, Sattur, Virudhunagar District.

5. Petitioner has alleged that since December, 2023, he has been complaining about the damage to the second sluice gate. Therefore, it 3/6

will not be out of place to state that in view of ensuing monsoon, if any damage happens to property or life due to non repair of this second sluice gate or poor maintenance of the Kanmoi or any of the Madais, each of the five respondents shall be personally held liable.

6. We state this to drive into the respondents the sense of responsibility they should show to have the Madais repaired and ensure that public money is not wasted, public life is not lost and public life is not damaged.

7. Petition is disposed of. There shall be no order as to costs. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 28.10.2024 NCC : Yes/No Index : Yes/No RR 4/6

1. The Principal Secretary Water Resources Department PWD Building, Chepauk, Chennai 600 009.

2. The District Collector Collectorate Office, Virudhunagar District 626 002.

3.The Executive Engineer Public Water Resources Department Vaippar Surface Water Division, Virudhunagar District 626 002.

4.The Tahsildar Taluk Office Sattur Taluk Virudhunagar District 5.The Block Development Officer, Block Development Office, Sattur, Virudhunagar District 5/6

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ, J.

ORDER

IN WP(MD) No.25743 of 2024 Date : 28/10/2024 6/6