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Madras High Court

K.Viswanathan vs The State Of Tamil Nadu on 3 July, 2017

Bench: Indira Banerjee, M.Sundar

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:  03.07.2017

CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE M.SUNDAR 

W.P. No.16323 of 2017
and W.M.P.Nos.17652 and 17653 of 2017

1.K.Viswanathan
2.K.R.Jaganathan
3.N.Nataraj
4.S.Nagaraj
5.V.Senthil
6.K.Sivasamy
7.V.Marimuthu
8.S.Kalyanasamy
9.C.Sathyasami
10.L.Karunakaran						.. Petitioners

-vs-

1.The State of Tamil Nadu,
   Rep. By its Secretary to Govt.,
   Rural Development Dept.,
   Fort St. George, Chennai 600 009.

2.The Director,
   Rural Development Department,
   Thanthai E.V.R. Periyar Building,
   Saidapet, Chennai 600 015.

3.The Assistant Director,
   Rural Development (Panchayats)
   Coimbatore.

4.The District Collector, Coimbatore.
5.Block Development Officer/
    Commissioner, Pollachi North
    Panchayat, Palakad Road,
   Pollachi.

6.The Zonal Block Development Officer,
   Pollachi North Panchayat, 
   Palakad Road, Pollachi.					.. Respondents

	Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to forbear the respondents from in anyway sinking and erecting borewell at Karapadi Village, Pollachi Taluk, Coimbatore District.

	For Petitioner		:	Mr.M.Venkatachalapathy, Sr.C.
						For Mr.M.Sriram

	For Respondents		:	Mr.R.Vijayakumar
						Addl. Govt. Pleader
* * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) This writ petition has been filed seeking a writ of mandamus restraining the respondents from sinking a borewell in Karapadi Village, Pollachi Taluk, Coimbatore District.

2.The petition discloses no public interest whatsoever. There cannot be any public interest in stopping the sinking of a well for supply of water to another village.

3.Reference has been made by the learned counsel appearing on behalf of the petitioners to Section 143A of the Tamil Nadu Panchayats Act, 1994, which provides that no person shall, either himself or through any person on his behalf, engage in sinking any well in the panchayat village for any purpose, without obtaining permission from the executive authority. In this case, the well is not being sunk by any individual or body of persons, but by the executive authority. The intervention of this Court is not warranted.

4.The writ petition is, accordingly, dismissed. No costs. Consequently, W.M.P.Nos.17652 and 17653 of 2017 are also dismissed.

(I.B., CJ.) (M.S., J.) 03.07.2017 Index : Yes/No Website : Yes/No sra To

1.The Secretary to Govt. of Tamil Nadu, Rural Development Dept., Fort St. George, Chennai 600 009.

2.The Director, Rural Development Department, Thanthai E.V.R. Periyar Building, Saidapet, Chennai 600 015.

The Hon'ble Chief Justice and M.Sundar, J.

(sra)

3.The Assistant Director, Rural Development (Panchayats) Coimbatore.

4.The District Collector, Coimbatore.

5.Block Development Officer/ Commissioner, Pollachi North Panchayat, Palakad Road, Pollachi.

6.The Zonal Block Development Officer, Pollachi North Panchayat, Palakad Road, Pollachi.

03.07.2017