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Madras High CourtWP(MD)/26001/2024closed

S.Sankar v. The Executive Engineer

2024-12-12Honourable Mr Justice M.S. Ramesh,Honourable Dr.Justice A.D.Maria Clete7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MR.JUSTICE A.D.MARIA CLETE S.Sankar : Petitioner Vs.

1.The Executive Engineer, Public Works Department, Water Resources organization, Office of Chief Engineer (General), PWD, Sepakam, Chennai - 5.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Deputy Superintendent of Engineer, Special Chief Engineer (RSO) Office, Keelavaigai Vadinila Vattam, Sivagangai.

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4.The Executive Engineer, Public Works Department, Water Resource Organization, Sarugani River Irrigation Channel Sub Division, Sivagangai.

5.The Assistant Executive Engineer, Public Work Department, Water Resource Organization, Manamadurai, Sivagangai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to fulfill the Aadhanoor Kanmoi in Vaigai Dam Water for the purpose of agricultural work for every year based on this Hon'ble Court order in W.P.(MD)No.21607 of 2022 dated 12.09.2022. For Petitioner : Mr.S.Muthupandi For Respondents : Mr.P.Thilak Kumar Government Pleader Advocate Commissioner : Mr.A.Iniyavan Abdullah [appointed vide order dated 19.11.2024] 2/7

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] In our earlier order dated 04.12.2024, we had passed final orders in the following manner:

"The grievance of the petitioner in the present writ petition is that Aadhanoor lake (Kanmoi) in Vaigai Dam does not receive adequate water and therefore, seeks for issuance of a Writ of Mandamus to the authorities to ensure that the water from vaigai river reaches the said lake. 2.Since both petitioner, as well as the learned Government Pleader had produced photographs disputing each other's claim that the water in the lake is either full or dry, we had appointed an Advocate Commissioner to physically verify the status of the lake and report before us. 3.Accordingly, the learned Advocate Commissioner had visited the Aadhanoor lake on 30.11.2024 and has filed his report today. Even before the learned Advocate Commissioner had visited the lake, the Government in G.O.Ms.No. 625, Water Resources Department, dated 09.11.2024, had ordered for release of water for irrigation purposes, which also covers the Aadhanoor lake.

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4.It is now stated by the learned counsel appearing for the petitioner that pursuant to the said Government Order, the water has reached the lake and the lake is almost full now. In view of the same, no further orders are required in the present writ petition.

5.At this juncture, learned Advocate Commissioner would submit that out of the total remuneration of Rs.50,000/- ordered by this Court, the District Collector has paid a sum of Rs. 25,000/- to him. The learned Government Pleader, on oral instructions, submitted that the balance remuneration of Rs.25,000/- will be paid to the Advocate Commissioner, as early as possible.

6.For recording payment of the balance remuneration to the Advocate Commissioner, call on 11.12.2024 under the caption 'for recording compliance'."

2.Today, the matter is listed for recording the payment of the balance remuneration to the Advocate Commissioner. 3.Learned Government Pleader submitted that the entire Advocate Commissioner's remuneration has been paid. In view of 4/7

the same, no further orders are required to be passed in this Writ Petition.

4.Accordingly, this Writ Petition stands closed. There shall be no order as to costs.

[M.S.R.,J.] & [A.D.M.C.,J.] 12.12.2024 Index : Yes/No Internet : Yes/No MR 5/7

To 1.The Executive Engineer, Public Works Department, Water Resources organization, Office of Chief Engineer (General), PWD, Sepakam, Chennai - 5.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Deputy Superintendent of Engineer, Special Chief Engineer (RSO) Office, Keelavaigai 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 Work Department, Water Resource Organization, Manamadurai, Sivagangai District.

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M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 12.12.2024 7/7