Madras High Court
M.Manikandan vs The District Collector on 21 June, 2021
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
W.P.(MD)No.230 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P.(MD)No.230 of 2021
and
W.M.P(MD) No.190 of 2021
M.Manikandan : Petitioner
Vs.
1.The District Collector,
District Collectorate,
Madurai.
2.The Assistant Director,
Fisheries Department,
Melaponnagaram 5th Street,
Pandiyan Towers 2nd Floor,
Arappalayam,
Madurai.
3.The Executive Engineer,
Public Works Department,
Water Resource Organization,
Periyar-Vaigai Canal,
Thallakulam,
Madurai.
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W.P.(MD)No.230 of 2021
4.The Tahsildar,
Madurai North Taluk,
Madurai.
5.Block Development Officer,
Madurai West Panchayat Union,
Madurai.
6.The President,
Veerapandi Village,
Madurai West Panchayat Union,
Madurai.
7.JMC Projects (India) Limited.,
Represented by Project Engineer,
Project Office,
Veerapandy Village,
Opp.Vikaasa World School,
Alanganallur Main Road,
Madurai.
8.P.Ramakrishnan : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, to direct the respondents
1 to 6 to initiate appropriate action to prevent illegal extraction of ground
water, regulate extraction of water by the seventh respondent in
Veerapandi Village and Veerapandi Kanmai and also to direct the eighth
respondent not to release or extract water from the Veerapandi Kanmai,
in the guise of Fish License situated at Veerapandi Village, Madurai
North Taluk, Madurai District, by considering the representation of the
petitioner, dated 27.11.2020.
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W.P.(MD)No.230 of 2021
For Petitioner : Mr.K.K.Udayakumar
For R-1 to R-6 : Mr.R.Baskaran
Standing Counsel for Government
For R-7 & R-8 : Mr.R.Anand
----
ORDER
********** [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner has filed this writ petition alleging that the seventh respondent is excessively extracting ground water for commercial purpose. Similarly, the eighth respondent is also doing so, by commercially extracting the ground water and also catching fish, etc.
2.So far as the seventh respondent is concerned, he is a contractor appointed by the National Highways for developing the Natham road and it is stated that the land allotted is more than 17 acres and there are four bore-wells. Out of which, one bore-well is in disuse. The remaining three bore-wells, one is used for the Labourers Camp, the other is used for the office purpose and the third bore-well, the water is drawn for pouring of concrete slabs in the concrete yard and no https://www.mhc.tn.gov.in/judis/ 3/6 W.P.(MD)No.230 of 2021 indiscriminate exploitation of ground water is being done.
3. So far as the eighth respondent is concerned, the learned Standing Counsel for Government submitted that the Fisheries Department has granted Fishing rights to the eighth respondent. The allegation is that the eighth respondent is drawing water from the tank, in which, he was granted Fishery rights alone. This aspect also has to be examined by the competent authority, by conducting appropriate surprise inspection and we cannot monitor the same in this writ petition.
4.In the light of the above, it is open to the fourth respondent Tahsildar, to examine as to whether there is any excess drawal of underground water by the seventh respondent company, which has the effect on the public wells and public bore-wells. So far as the eight respondent is concerned, the second respondent can conduct a surprise inspection to ascertain as to whether the eighth respondent has installed bore-well in the water body, lake and drawing water for commercial purpose. The above direction be complied with within a period of three months from the date of receipt of a copy of this order. https://www.mhc.tn.gov.in/judis/ 4/6 W.P.(MD)No.230 of 2021
5.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.] 21.06.2021 Index : Yes / No Internet : Yes / No RM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The District Collector, District Collectorate, Madurai.
2.The Assistant Director, Fisheries Department, Melaponnagaram 5th Street, Pandiyan Towers 2nd Floor, Arappalayam, Madurai.
3.The Executive Engineer, Public Works Department, Water Resource Organization, Periyar-Vaigai Canal, Thallakulam, Madurai.
https://www.mhc.tn.gov.in/judis/ 5/6 W.P.(MD)No.230 of 2021 T.S.SIVAGNANAM., J.
and S.ANANTHI., J.
RM
4.The Tahsildar, Madurai North Taluk, Madurai.
5.Block Development Officer, Madurai West Panchayat Union, Madurai.
6.The President, Veerapandi Village, Madurai West Panchayat Union, Madurai.
ORDER MADE IN W.P.(MD)No.230 of 2021 21.06.2021 https://www.mhc.tn.gov.in/judis/ 6/6