Madras High Court
M.Palanisamy vs The Secretary To The Government on 17 June, 2015
Bench: S.Manikumar, G.Chockalingam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:17.06.2015
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM
W.P.(MD).No.9784 of 2015
M.Palanisamy ...petitioner
vs
1.The Secretary to the Government,
Government of Tamil Nadu
Public Works Department, (Irrigation and Water Resources)
Chepauk,
Chennai-14.
2.The Chief Engineer,
Public Works Department, (Irrigation and water Resources)
Chepauk,
Chennai-14.
3.The District Collector,
Tirunelveli District,
Tirunelveli.
4.The Supertintending Engineer,
Public Works Department, (Irrigation and Water resources)
Tirunelveli District,
Tirunelveli.
5.The Assistant Engineer,
Public Works Department (Irrigation and water resources)
Sankarankovil Taluk,
Sankarankovil,
Tirunelveli District. ...Respondents
Prayer
Writ petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to renovate the
dilapidated sluice sill- channel namely Chinnamadai of Arasudaiyar Paraikulam
pond at Pambukovil Sandai @ Maduthupatti, Sankarankovil Taluk, Tirunelveli
District.
!For Petitioner :Mr.T.Indrachithu
1For respondents :Mr.C.Selvaraj
Special Government Pleader
:ORDER
(Order of the Court was made by S.MANIKUMAR ,J.) Petitioner, representing the farmers of Pambukovil Sandai @ Maduthhupatti, Ariyanayakipuram, Periya Samiyapuram and Paraikulam, has sought for a Writ of Mandamus directing the respondents to renovate the dilapidated sluice sill- channel, namely Chinnamadai of Arasudaiyar Paraikulam pond at Pambukovil Sandai @ Maduthupatti, Sankarankovil Taluk, Tirunelveli District.
2. Material on record discloses that farmers have given a petition on 30.03.2015 to the District Collector, Tirunelveli District, followed by another representation dated 13.05.2015, by the writ petitioner stating that sluice sill- channel, namely Chinnamadai of Arasudaiyar Paraikulam pond, at Pambukovil Sandai @ Maduthupatti, Sankarankovil Taluk, Tirunelveli District, is damaged and repair work has not been done.
3. At the time when the matter came up for hearing, Mr.C.Selvaraj, learned Special Government Pleader, who took notice for the respondents, submitted that the above said sluice sill- channel was constructed during Zamin period. He also admitted that the said sluice sill- channel is under the control of Public Works Department.
4. Having regard to the above submissions and without expressing any opinion on the merits, as to the condition of the said sluice sill- channel, we only direct the Chief Engineer, Public Works Department (Irrigation and Water resources), Chepauk, Chennai-14, the second respondent herein, who is stated to be in control of the sluice sill ? channel, to pass orders on the representation of the petitioner dated 13.05.2015, on merits and in accordance with law, with a period of three weeks from the date of receipt of a copy of this order. The writ petition is disposed of with the above direction. No costs.
To
1.The Secretary to the Government, Government of Tamil Nadu Public Works Department, (Irrigation and Water Resources) Chepauk, Chennai-14.
2.The Chief Engineer, Public Works Department, (Irrigation and water Resources) Chepauk, Chennai-14.
3.The District Collector, Tirunelveli District, Tirunelveli.
4.The Supertintending Engineer, Public Works Department, (Irrigation and Water resources) Tirunelveli District, Tirunelveli.
5.The Assistant Engineer, Public Works Department (Irrigation and water resources) Sankarankovil Taluk, Sankarankovil, Tirunelveli District.