Madras High Court
Kalingarayan Vaikal Neerettu Pasana vs The Government Of Tamil Nadu on 4 August, 2014
Bench: Sanjay Kishan Kaul, M.Sathyanarayanan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 4-8-2014 CORAM THE HONOURABLE MR.SANJAY KISHAN KAUL, THE CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.35283 of 2013 and M.P.Nos.1 to 3 of 2013 Kalingarayan Vaikal Neerettu Pasana Vivasayigal Sangam Erode District, having its Office at Chinniyampalayam Via. Modakurichi Erode 638 104 Rep. By its Secretary B.Shakthivel .. Petitioner vs 1.The Government of Tamil Nadu Rep. By Secretary to Government Public Works Department Fort St. George, Chennai 600 009 2.The Chief Engineer (Irrigation) Pollachi Region Public Works Department Coimbatore 3.The District Collector Erode District, Erode 4.The Executive Engineer Canal Division, Irrigation Public Works Department Erode 5.The Superintending Engineer Tamil Nadu General and Distribution Corporation Ltd. (TANGEDCO) Erode Circle, Erode District 6.U.S.Palanivel .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the first respondent herein relating to the letter No.33502/81/2001-11 dated 4.10.2002 and quashing the same and directing the first respondent herein to consider the recommendations of the second respondent herein in letter No.HOD/DO4/19086/98 dated 17.9.2001 and regularize drawal of water from Kalingarayan Channel through the 419 wells as recommended therein. For Petitioner : Mr.AR.L.Sundaresan Senior Counsel for M/s.AL.Ganthimathi For Respondents : Mr.S.T.S.Moorthy Government Pleader for RR1 to 4 Mr.S.K.Raameshuwar for R5 Mr.S.Gunalan for R6 ORDER
(Order of the Court was made by THE HON'BLE THE CHIEF JUSTICE) On hearing the learned Counsel for the parties, it is agreed that the petitioner will prefer a fresh representation setting out the current ground realities and the respondents authorities will examine the merits of the same after hearing all stakeholders and take a reasoned decision.
2.The needful be done by the respondents 1 to 5 within two months of the representation being made.
3.The writ petition stands accordingly disposed of. No costs. Consequently, connected miscellaneous petitions stand closed.
(S.K.K.,C.J.) (M.S.N.,J.) 4-8-2014 Index: yes/no nsv To:
1.The Secretary to Government Public Works Department Fort St. George, Chennai 600 009
2.The Chief Engineer (Irrigation) Pollachi Region Public Works Department Coimbatore
3.The District Collector Erode District, Erode
4.The Executive Engineer Canal Division, Irrigation Public Works Department Erode
5.The Superintending Engineer Tamil Nadu General and Distribution Corporation Ltd. (TANGEDCO) Erode Circle, Erode District THE HON'BLE THE CHIEF JUSTICE AND M.SATHYANARAYANAN, J.
nsv W.P.No.35283 of 2013 Dt: 4-8-2014