Madras High Court
Madhavan vs The District Collector on 12 October, 2020
Author: S. Vaidyanathan
Bench: S. Vaidyanathan
W.P(MD)No.12940 of 2020
V.Mathavan v. The District Collector, Madurai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
W.P(MD)No.12940 of 2020
1.Madhavan
2.V.Marimuthu ... Petitioners
Vs.
1.The District Collector,
Madurai District, Madurai.
2.The Revenue Divisional Officer,
Madurai District, Madurai.
3.The Competent Authority and
Special District Revenue Officer,
Land Acquisition – National Highways NH 338
Madurai
Madurai District.
4.The National Highways Authority of India,
Rep. by its Regional Officer,
2nd and 3rd floor, Vijay Krishna Plaza,
No.1 Lake Area, Melur Main Road,
Mattuthavani, Madurai.
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W.P(MD)No.12940 of 2020
V.Mathavan v. The District Collector, Madurai
5.The Public Works Department
Rep. by its Executive Engineer,
Public Works Department (WRO)
Sub Division No.3, Melur Taluk
Madurai District.
6.The Project Director,
National Highways Authority of India,
Surya Towers, 2nd Floor,
K.K.Nagar, Madurai District.
7.The Tahsildar,
Melur Taluk,Madurai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus to forbear the respondents 1 to
7 from demolishing the Sluice no.29 and 30A of the 12 th Branch Periyar-
Vaigai Channel and Sluice No.1 in 9th Distributary Channel in Keezhayur
Village, Melur Taluk, Madurai District and Sluice Nos.2,3,4 of the 10th
Distributary channel in Saruguvalayapatti Village, Melur Taluk, Madurai
District and consequently direct the respondent 1 to 5 restore the Sluice No.
29 and 30Aof the 13th Branch Periyar-Vaigai Channel and the Sluice No.29
and 30A of the 12th Branch Periyar-Vaigai Channel and Sluice No.1 in 9th
Distributary channel in Keezhayur Village, Melur Taluk, Madurai District
and Sluice No.2,3,4 of the 10th Distributary Channel in Saruguvalayapatti
village, Melur Taluk, Madurai District to its original position and ensure free
flow of water to the Ayacut lands of Keezhayur and Saruguvalayapatti
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W.P(MD)No.12940 of 2020
V.Mathavan v. The District Collector, Madurai
village within the time frame stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy
For respondents : Mr.M.Rajarajan for R1 to R3, R5 and R7
Additional Government Pleader
Mr.C.Arul Vadivel @ Sekar for R4 & R6
ORDER
This writ petition has been filed for a direction to forbear the respondents 1 to 7 from demolishing the Sluice no.29 and 30A of the 12th Branch Periyar-Vaigai Channel and Sluice No.1 in 9th Distributary Channel in Keezhayur Village, Melur Taluk, Madurai District and Sluice Nos.2,3,4 of the 10th Distributary channel in Saruguvalayapatti Village, Melur Taluk, Madurai District and consequently direct the respondent 1 to 5 restore the Sluice No.29 and 30Aof the 13th Branch Periyar-Vaigai Channel and the Sluice No.29 and 30A of the 12th Branch Periyar-Vaigai Channel and Sluice No.1 in 9th Distributary channel in Keezhayur Village, Melur Taluk, Madurai District and Sluice No.2,3,4 of the 10th Distributary Channel in Saruguvalayapatti village, Melur Taluk, Madurai District to its original position and ensure free flow of water to the Ayacut lands of Keezhayur and Saruguvalayapatti village within the time frame stipulated by this Court.
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2.Heard the learned Counsel appearing for the petitioners and the learned counsel for the respondents.
3.When the matter was taken up for hearing, the learned standing counsel appearing for the respondents 4 and 6 drew the attention of this Court to Paragraph Nos.8 and 11 of the counter affidavit, which is extracted hereunder:
“8.It is submitted that the petitioner's letter dated 07.09.2020 against the demolition of the sluice No.29 and 30A of the 12th branch Vaigai-Periyar channel in Keezhayur Village, Melur Taluk, Madurai District and sluice No.2,3 and 4 of the 10th Distributory Channel in Saruguvalayapatti village, Melur Taluk, Madurai District has been received by this office on 14.09.2020. On the basis of his petition and other Farmers' petition, joint inspection was conducted with the Executive Engineer, PWD, (WRO) along with officials and Project Director, representatives from farmer and representatives of contractor and consultant on 22.09.2020. It has been assured to the farmers during joint inspection that permanent and temporary restoration of canals/distributory channel/sluices as recommended by Public Works Department (WRO) shall be implemented for free flow of water of irrigation area. Hence NHAI and PWD has already taken action on the petitions.
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11.It is submitted that based on the joint inspection, the Executive Engineer, PWD (WRO) has proposed vide his Lr.No.DB/DO/F106(NHAI)/2020 dt. 28.09.2020 as follows:
S.No Description of water carrying Proposed structure structures recommended by PWD 1 Sluice 1 of 9th Distributary of 12th New proposal branch canal of periyar main canal 2 29th direct sluice channel of 12th Box culvert proposed 2 x 2 branch canal of periyar main canal m and one pipe culvert 1.2 at LS 14150 to LS 14250 m dia 3 30th A direct sluice channel of 12th Pipe culverts 1.2 dia at 3 branch canal to Masanpudhukulam locations Tank 4 Sluice 2 of 10th Distributary of 12th New proposal Branch canal of periyar main canal 5 Sluice 3 of 10th Distributary of 12th Skew Box Culvert of 3 x 2 Branch canal of Periyar Main canal m 6 Sluice 4 of 10th Distributary of 12th Pipe culvert at 1.2 m dia Branch canal of Periyar Main Canal Hence, he would submit that before the communication thus received could be processed, the present writ petition came to be filed.
5. The petitioners submitted that the averments in Paragraph Nos.8 and 11 may be recorded and the writ petition may be disposed of.
6. In view of the submissions made by both sides and the assurance 5/8 http://www.judis.nic.in W.P(MD)No.12940 of 2020 V.Mathavan v. The District Collector, Madurai given by the respondents through their counter stating that they met the farmers and considered their request and agreed to lay the channel in a diverted way without affecting the water flow, the interest of the petitioners are safeguarded and hence, this writ petition is disposed of, as no further orders are required to be passed. No costs. Consequently connected Miscellaneous Petition is closed.
12.10.2020 Index : Yes / No Internet : Yes RR To:
1.The District Collector, Madurai District, Madurai.
2.The Revenue Divisional Officer, Madurai District, Madurai.
3.The Competent Authority and Special District Revenue Officer, Land Acquisition – National Highways NH 338 Madurai, Madurai District.
4.The National Highways Authority of India, Rep. by its Regional Officer, 2nd and 3rd floor, Vijay Krishna Plaza, No.1 Lake Area, Melur Main Road, Mattuthavani, Madurai.6/8
http://www.judis.nic.in W.P(MD)No.12940 of 2020 V.Mathavan v. The District Collector, Madurai
5.The Public Works Department Rep. by its Executive Engineer, Public Works Department (WRO) Sub Division No.3, Melur Taluk Madurai District.
6.The Project Director, National Highways Authority of India, Surya Towers, 2nd Floor, K.K.Nagar, Madurai District.
7.The Tahsildar, Melur Taluk,Madurai District.
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