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Madras High Court

Karur Paramathi Noyyal Athupalayam vs The Secretary To Government Of Tamil ... on 13 November, 2024

Author: C.V.Karthikeyan

Bench: C.V.Karthikeyan

                                                             1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 13.11.2024

                                                         CORAM

                                   THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN

                                                    W.P.No.32943 of 2024

                     Karur Paramathi Noyyal Athupalayam
                     Anaipaasana Vivasayigal Nala Sangam,
                     Rep.by its President V.Periyasamy,
                     Having office at Paalakatoor,
                     Chinnavangalampalayam post,
                     Thennilai via, Pugalur Taluk,
                     Karur District.                                       .. Petitioner
                                                      Vs.

                     1.The Secretary to Government of Tamil Nadu,
                       Home Department,
                       Fort St. George, Chennai – 600 009.

                     2.The Secretary to Government,
                       PWD (Water Resource Management),
                       Fort St. George, Chennai – 600 009.

                     3.The District Collector,
                       Karur District,
                       District Collector office,
                       Karur.

                     4.The Chief Engineer,
                       Office of PWD / WRO, Region office,
                       Water Resource Management,
                       Coimbatore – 641 008.



https://www.mhc.tn.gov.in/judis
                                                         2

                     5.The Superintendent Engineer,
                       PWD Department (WRO),
                       Bavani Basin Circle,
                       Coimbatore Region – 641 001.

                     6.The Superintendent Engineer,
                       PWD Department (WRO),
                       Bavani Basin Circle,
                       Erode.

                     7.The Executive Engineer,
                       PWD Department (WRO),
                       Bavani Basin Circle,
                       Erode.
                                                                                .. Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus, directing the respondents to initiate
                     proceedings for storing the water from Noyyal river and excess water from
                     Lower Bhavani Project (LBP) and through from the rainy season flowing
                     through Noyyal river and to make storage in Orathupalayam Reservoir and
                     to stop in Muthur barrage and permit and allow to reach Athupalayam
                     Reservoir and further allow to flow through Athupalayam Pasana Kalvai to
                     Athupalayam Dam based on the petitioner representation dated 23.09.2024.


                                  For Petitioner        .. Mr.G.Balaji
                                  For Respondents       .. Ms.Jayanthy,
                                                           Additional Government Pleader




https://www.mhc.tn.gov.in/judis
                                                                  3


                                                              ORDER

This writ petition has been filed in a nature of Mandamus seeking to consider the representation dated 23.09.2024 given by the petitioner Sangam to the 1st and 2nd respondents.

2.It is contended in the affidavit filed in support of the writ petition that the petitioner is the President of the Sangam called Karur Paramathi Noyyal Athupalayam Anaipaasana Vivasayigal Nala Sangam which is a registered society. It had been stated that the petitioner sangam had given a representation seeking to initiate proceedings for storing of water from the Noyyal river and excess water from Lower Bhavani Project and through from the rainy season flowing through Noyyal river and to make storage in Orathupalayam Reservoir and to stop in Muthur barrage and permit and allow to reach the Athupalayam Reservoir and further allow to flow through Athupalayam Pasana Kalvai to Athupalayam Dam, which will irrigate around 9625.68 acres of land for cultivating agricultural crops.

https://www.mhc.tn.gov.in/judis 4

3.The respondent may examine the representation. During the course of examination, they must issue notice to the petitioner and opportunity of hearing must be given. After that, let the respondent pass orders. In view of the fact that the representation relates to storage of water, I am not fixing any time limit for disposal of the representation, but I am confident that the respondents would examine the representation at the earliest. Accordingly, this writ petition stands disposed of with the above direction. No costs.

13.11.2024 Index:Yes/No Internet:Yes/No smv To

1.The Secretary to Government of Tamil Nadu, Home Department, Fort St. George, Chennai – 600 009.

2.The Secretary to Government, PWD (Water Resource Management), https://www.mhc.tn.gov.in/judis 5 Fort St. George, Chennai – 600 009.

3.The District Collector, Karur District, District Collector office, Karur.

4.The Chief Engineer, Office of PWD / WRO, Region office, Water Resource Management, Coimbatore – 641 008.

5.The Superintendent Engineer, PWD Department (WRO), Bavani Basin Circle, Coimbatore Region – 641 001.

6.The Superintendent Engineer, PWD Department (WRO), Bavani Basin Circle, Erode.

7.The Executive Engineer, PWD Department (WRO), Bavani Basin Circle, Erode.

https://www.mhc.tn.gov.in/judis 6 C.V.KARTHIKEYAN,J.

smv W.P.No.32943 of 2024 13.11.2024 https://www.mhc.tn.gov.in/judis