P.Malaisamy, S/O.Perumal v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR P.Malaisamy ... Petitioner -vs1.The Revenue Divisional Officer Sivagangai Taluk Office Sivagangai District 2.The Chief Engineer WRD, PWD State Ground of Surface Water Resources Date Center Tharamani, Chennai-113 3.The Principal Secretary Forest and Environment St.George Fort, Chennai 4.The District Forest Officer Reserve Forest Sivagangai District

5.The Tahsildar Manamadurai Sivagangai District 6.The Additional Divisional Engineer TNEB, Sivagangai District 7.M/s.Thirumala Aqua Firm rep.by through its Proprietor D.Kottaiyan 23-A, Mariamman Kovil Street Manamadurai Sivagangai District ... 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 take immediate action to close the seventh respondent's Thirumala Aqua Firm, situated in Manambaki Group, Nathampuraki Village, Manamadurai Taluk, Sivagangai District, immediately and also forbear the seventh respondent from drawing the underground water in borewells situated in Survey No.135/1, 2 situated in Manambaki Group, Nathampuraki Village, Manamadurai Taluk, Sivagangai District, which is against the G.O.Ms.No.51, Public Works Department, dated 11.02.2004 and G.O.Ms.No.52, Public Works (R2) Department, dated 02.03.2012 and also circulars and guidelines issued by the competent authorities.

For Petitioner :

No appearance For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 to R5 R6 - Unserved Mr.G.Prabhu Rajadurai for R7

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 1 to 6 to take immediate action to close the seventh respondent's Thirumala Aqua Firm, situate in Manambaki Group, Nathampuraki Village, Manamadurai Taluk, Sivagangai District, immediately and to forbear the seventh respondent from drawing underground water from the borewells situate in Survey No.135/1, 2, Manambaki Group, Nathampuraki Village, Manamadurai Taluk, Sivagangai District, against the G.O.Ms.No.51, Public Works Department, dated 11.02.2004 and G.O.Ms.No.52, Public Works (R2) Department, dated 02.03.2012 and also the circulars and guidelines issued by the competent authorities in this regard.

2. Today, when the matter was taken up for hearing, learned counsel appearing for the seventh respondent, on instructions, submitted that

the seventh respondent has approached the authority concerned and obtained necessary permission for drawal of water from the subject land.

3. In view of the above submission of the learned counsel for the seventh respondent, no further adjudication is required in this writ petition. However, we make it clear that if there is any complaint as against the seventh respondent for violation of the terms and conditions imposed, the authority concerned is directed to take necessary action as against the seventh respondent, in accordance with law.

4. With the above observation, this writ petition is disposed of. No costs.

[D.K.K., J.] [R.V., J.] 29.01.2024 NCC :

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Yes / No krk

To:

1.The Revenue Divisional Officer, Sivagangai Taluk Office, Sivagangai District.

2.The Chief Engineer, WRD, PWD, State Ground of Surface, Water Resources Date Center, Tharamani, Chennai-113.

3.The Principal Secretary, Forest and Environment, St.George Fort, Chennai.

4.The District Forest Officer, Reserve Forest, Sivagangai District.

5.The Tahsildar, Manamadurai, Sivagangai District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk 29.01.2024