Madras High Court
R.Soundaraj vs The District Collector on 10 March, 2020
Author: K.Ravichandrabaabu
Bench: K.Ravichandrabaabu
W.P.No.6041 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2020
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU
W.P.No.6041 of 2020
and
W.M.P.No.7090 of 2020
1. R.Soundaraj
S/o.Ramasamy
2. A.Rakkiappan
S/o.Arumugam
3. N.Subramanian
S/o.Nachimuthu
4. K.Venugopal
S/o.Krishnasamy
5. K.Laksmi @ Lakshmiammal
W/o.Late Krishnasamy
6. S.Palaniyammal
W/o.Subramanian
7. K.Arumugam @ Arumuga Nadar
S/o.Karupusamy ...Petitioners
Vs.
1. The District Collector
Tiruppur
Tiruppur District.
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W.P.No.6041 of 2020
2. The Revenue Divisional Officer
Udumalpet
Tiruppur District.
3. The Chief Engineer
Water Resources Organization
Public Works Department
Parambikulam Aliyar Project
Coimbatore.
4. The Superintendent Engineer
Water Resources Organization
Parambikulam Aliyar Project
Pollachi.
5. The Executive Engineer
Water Resources Organization
Parambikulam Aliyar Project
Thirummorthi Dam
Udumalpet, Tiruppur District.
6. The Assistant Executive Engineer
Water Resources Organization
Parambikulam Aliyar Project
Thirummorthi Dam
Udumalpet, Tiruppur District.
7. The Assistant Engineer
Water Resources Organization
Parambikulam Aliyar Project
Poolankinar Branch Canal
Udumalpet, Tiruppur District. ...Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, forbearing the respondents 4 to 7
from reducing or changing the vent size of sluice or madai, tank bearing
Number: SL 5L, 0.5.230, 22.10 Acrs of Poolankinar Branch Canal
situated at Vadugapalayam Village, Udumalpet Taluk, Tiruppur District
by considering the petitioners' representation dated 14.02.2020.
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W.P.No.6041 of 2020
For Petitioners : Mr.K.Mylsamy
For Respondents : Mr.R.Govindasamy
Special Government Pleader
ORDER
Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.
2. The petitioners seek for a mandamus forbearing the respondents 4 to 7 from reducing or changing the vent size of sluice or madai, tank bearing Number: SL 5L, 0.5.230, 22.10 Acrs of Poolankinar Branch Canal situated at Vadugapalayam Village, Udumalpet Taluk, Tiruppur District by considering the petitioners' representation dated 14.02.2020.
3. All these petitioners claiming to be the owners of the agricultural land irrigated from "Pookankinar Branch Canal" under "Parambikulam Aliyar Project" scheme. It is their contention that the "Parambikulam Aliyar Project" sluice is fixed already with 6 inch vent and however, the official respondents are trying to reduce it to 4 inch under the guise of maintenance. Therefore, the petitioners are aggrieved against the said attempt. Ventilating such grievance, the petitioners made the representations on 21.02.2020 and 26.02.2020. Since those http://www.judis.nic.inPage No. 3/6 W.P.No.6041 of 2020 representations have not been considered by the respondents, the present writ petition is filed before this Court.
4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the respondents 5 to 7 to consider and pass orders on the same on merits and in accordance with law. Thus, this Writ Petition is disposed of, only by directing the respondents 5 to 7, more particularly, 5th respondent to consider the representations of the petitioners and pass orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
10.03.2020 Speaking/Non Speaking Index : Yes / No Internet : Yes / No mk Note: Issue order copy on 11.03.2020 To
1. The District Collector http://www.judis.nic.inPage No. 4/6 W.P.No.6041 of 2020 Tiruppur, Tiruppur District.
2. The Revenue Divisional Officer Udumalpet, Tiruppur District.
3. The Chief Engineer Water Resources Organization Public Works Department Parambikulam Aliyar Project Coimbatore.
4. The Superintendent Engineer Water Resources Organization Parambikulam Aliyar Project Pollachi.
5. The Executive Engineer Water Resources Organization Parambikulam Aliyar Project Thirummorthi Dam Udumalpet, Tiruppur District.
6. The Assistant Executive Engineer Water Resources Organization Parambikulam Aliyar Project Thirummorthi Dam Udumalpet, Tiruppur District.
7. The Assistant Engineer Water Resources Organization Parambikulam Aliyar Project Poolankinar Branch Canal Udumalpet, Tiruppur District.
K.RAVICHANDRABAABU,J.
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