B.Narayan Ram v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI B.Narayan Ram : Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary, Government of Tamil Nadu, St. Fort George, Chennai - 600 009.

2.The Secretary to Government, Public Works Department, St. Fort George, Chennai - 600 009.

3.The Chief Engineer, Public Works Department, Kamarajar Promenede, PWD Estate, Chepauk, Chennai - 600 009.

4.The Superintending Engineer, WRO, Periyar - Vaigai Basin Circle, Madurai.

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5.The Superintending Engineer, PWD, WRO, Lower Vaigai Basin Circle, Sivagangai.

6.The Executive Engineer, Office of the Executive Engineer, Periyar - Vaigai Basin Division, Thallakulam, Madurai - 2.

7.The Executive Engineer, Office of the Executive Engineer, Lower Vaigai Basin Division, Paramakudi, Ramnad District.

8.Sivagangai Mavatta Vaigai Pasana Vivasayigal Sangam, Rep. by its Secretary, L.Athimulam : Respondents [R.8 impleaded vide order dated 19.01.2018] PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to consider the petitioner's representation and to take immediate action to place the OGEE WEIR at a lower level, so that the water could be released to the 58 villages as that of the water released from the main shutter / canal regulator through which the water is let out for agriculture purpose till Ramnad District. 2/6

For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.M.Senthil Ayyanar Government Advocate for R.1 to R.7 Mr.S.I.Muthiah for R.8 *****

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard the learned Counsel on either side.

2.The prayer in the writ petition is for directing the respondents to place the OGEE WEIR at a lower level. The writ petition was filed in November, 2017. We are now in February, 2023. During the intervening period, the project has already been implemented. It is, therefore, not possible to give any direction at this point of time.

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3.The writ petition has become infructuous and it is closed. Liberty is given to the petitioner to file a fresh writ petition for any fresh cause of action. No costs. [G.R.S.,J.] [B.P.,J.] 06.02.2023 Index : Yes / No Internet : Yes gk To 1.The Principal Secretary to Government, State of Tamil Nadu, St. Fort George, Chennai - 600 009.

2.The Secretary to Government, Public Works Department, St. Fort George, Chennai - 600 009.

3.The Chief Engineer, Public Works Department, Kamarajar Promenede, PWD Estate, Chepauk, Chennai - 600 009.

4.The Superintending Engineer, WRO, Periyar - Vaigai Basin Circle, Madurai.

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5.The Superintending Engineer, PWD, WRO, Lower Vaigai Basin Circle, Sivagangai.

6.The Executive Engineer, Office of the Executive Engineer, Periyar - Vaigai Basin Division, Thallakulam, Madurai - 2.

7.The Executive Engineer, Office of the Executive Engineer, Lower Vaigai Basin Division, Paramakudi, Ramnad District.

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G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

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