Madras High Court
K.Saravana Raj vs The Engineer-In-Chief on 19 September, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.27079 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.P.No.27079 of 2024
K.Saravana Raj .. Petitioner
Vs
1.The Engineer-in-Chief,
W.R.O. and Chief Engineer (General),
Public Works Department,
Chepauk, Chennai-600 005.
2.The Chairman,
Cauvery Technology Group and
Multi-State River Division,
Water Resources Department,
Government Museum Complex,
406, Pantheon Road, Cauvery House,
Egmore, Chennai-600 008.
3.The Chief Engineer,
State Land and Surface Water Resources
Reference Centre,
Tharamani,
Chennai-600 013.
4.The Principle Secretary and
Commissioner of Land Administration,
Ezhilakam,
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W.P.No.27079 of 2024
Chennai-600 005.
5.The Chief Engineer,
Department of Water Resources,
Trichy Zone,
Pudukottai Road, Supramaniyapuram,
Trichy-620 020.
6.The District Collector,
Nallipalayam Post,
Namakkal District-637 003.
7.The Superintendent of Police,
Namakkal District Police Office,
Nallipalayam Post,
Namakkal District-637 003.
8.The District Forest Officer,
Namakka District Collector Office Campus,
Nallipalayam Post,
Namakkal District-637 003.
9.The Assistant Executive Engineer,
Public Works and Water Resources Department,
Sarabanga Water Shed Sub-Division,
Namakkal District-637 001.
10.The District Registrar,
Registration of Deeds and Societies Office,
District Collector Office Backside,
Nallipalayam Post,
Namakkal Taluk and District-637 003.
11.The Assistant Engineer,
State Highway Department,
Mohanur Road,
Namakkal District-637 001.
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W.P.No.27079 of 2024
12.The Supervising Engineer (SE),
Tamil Nadu Electricity Board,
Operation and Maintenance,
Power Distribution,
No.949, EVN Road,
Erode-638 009.
13.The Revenue Divisional Officer (RDO),
Paramathi Road,
Tiruchengode Post and Taluk,
Namakkal District-637 211.
14.The Tashildhar,
Padamudipalayam Post,
Paramathi-Velur Taluk,
Namakkal District-638 182.
15.The Commissioner and
Block Development Officer,
Kabilarmalai Union Office,
Kabilarmalai Post,
Paramathi-Velur Taluk,
Namakkal District-637 204.
16.The President,
Vadakaraiyathur Village Panchayat,
Vadakaraiyathur (Po),
Paramathi Velur (Tk),
Namakkal (Dt) – 637 213.
17.The President,
Periyasolipalayam Village Panchayat,
Periyasolipalayam (Po)
Paramathi Velur (Tk),
Namakkal (Dt) – 637 204.
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W.P.No.27079 of 2024
18.The President,
Kabilakurichi Village Panchayat,
Kabilakurichi (Po),
Paramathi Velur (Tk),
Namakkal (Dt) – 637 204.
19.The President,
Irukur Village Panchayat,
Irukur (Po),
Paramathi Velur (Tk),
Namakkal (Dt) – 637 204.
20.The President,
Agrahara Kunnathur Village Panchayat,
Kunnathur (Po),
Paramathi Velur (Tk),
Namakkal (Dt) – 637 213.
21.The President,
Kabilarmalai Murugan Siru Vivasayikal
Neeretru Pasana Sangam,
5/173, Kongu Nagar, Chinnasolipalayam,
Periyasolipalayam (Po),
Paramathi Velur (Tk),
Namakkal (Dt) – 637 204. .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the first
respondent to consider the petitioner's representation dated
24.6.2024.
For the Petitioner : Mr.K.S.Vivekanandam
For the Respondents : Mr.M.Habeeb Rahman
Government Advocate
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W.P.No.27079 of 2024
for respondents 1 to 6, 8 to 20
: Mr.R.Muniyapparaj
Addl. Public Prosecutor
for respondent No.7
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition, styled as a public interest litigation, seeking issuance of a writ of mandamus directing the first respondent to consider the petitioner's representation dated 24.6.2024.
2. Learned counsel for the petitioner submits that the 21st respondent, which is a registered society with 17 members, was permitted by the government to fix motor pump in the infiltration well to draw water for irrigation and streamline, but the 21 st respondent has illegally fixed underground water pipelines through national highways, cart road, and government poramboke land in cahoots with the government officials to tap water from the Cauvery __________ Page 5 of 11 https://www.mhc.tn.gov.in/judis W.P.No.27079 of 2024 River and Raja Canal. He further submitted that the said pipelines were laid without obtaining necessary prior permission from the respondent authorities.
3. Learned Government Advocate, on instructions, submitted that the well is situated at a distance of 242 metres from the left bank of Cauvery River. The spring water from the said well is to be utilised for agricultural purpose in the six villages of Periyasolipalayam, Kabilkurichi, Thidumal, Kavundampalayam, Sarkar Konthalam, Irukkur and Agrahara Kunnathur.
4. Learned Government Advocate further submitted that as the 21st respondent was attempting to illegally connect the well with the Cauvery River by drilling hole under the Raja Channel, the said process was interfered with and a case was registered in CSR.No.113/2022, dated 28.9.2022 on the file of Jedarpalayam Police Station. It is further submitted that the respondent authorities are taking necessary action against the 21st respondent for violating G.O.Ms.No.73, dated 24.2.2021. The aforesaid __________ Page 6 of 11 https://www.mhc.tn.gov.in/judis W.P.No.27079 of 2024 submission made by learned Government Advocate is recorded.
5. Inasmuch as the respondent authorities have already initiated action against the 21st respondent by lodging a criminal complaint, besides contemplating action for violation of the conditions imposed in G.O.Ms.No.73, dated 24.2.2021, we do not propose to pass any further orders. We make it clear that it is open to the respondent authorities to proceed in accordance with law.
The respondent authorities are further directed to periodically inspect the area in question and ensure that there is no illegal tapping of water by whomsoever. There shall be no order as to costs.
(D.K.K., ACJ.) (P.B.B, J.)
19.09.2024
Index : Yes/No
NC : Yes/No
sasi
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https://www.mhc.tn.gov.in/judis W.P.No.27079 of 2024 To:
1.The Engineer-in-Chief, W.R.O. and Chief Engineer (General), Public Works Department, Chepauk, Chennai-600 005.
2.The Chairman, Cauvery Technology Group and Multi-State River Division, Water Resources Department, Government Museum Complex, 406, Pantheon Road, Cauvery House, Egmore, Chennai-600 008.
3.The Chief Engineer, State Land and Surface Water Resources Reference Centre, Tharamani, Chennai-600 013.
4.The Principle Secretary and Commissioner of Land Administration, Ezhilakam, Chennai-600 005.
5.The Chief Engineer, Department of Water Resources, Trichy Zone, Pudukottai Road, Supramaniyapuram, Trichy-620 020.
6.The District Collector, Nallipalayam Post, Namakkal District-637 003.
7.The Superintendent of Police, Namakkal District Police Office, Nallipalayam Post, Namakkal District-637 003.
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8.The District Forest Officer, Namakka District Collector Office Campus, Nallipalayam Post, Namakkal District-637 003.
9.The Assistant Executive Engineer, Public Works and Water Resources Department, Sarabanga Water Shed Sub-Division, Namakkal District-637 001.
10.The District Registrar, Registration of Deeds and Societies Office, District Collector Office Backside, Nallipalayam Post, Namakkal Taluk and District-637 003.
11.The Assistant Engineer, State Highway Department, Mohanur Road, Namakkal District-637 001.
12.The Supervising Engineer (SE), Tamil Nadu Electricity Board, Operation and Maintenance, Power Distribution, No.949, EVN Road, Erode-638 009.
13.The Revenue Divisional Officer (RDO), Paramathi Road, Tiruchengode Post and Taluk, Namakkal District-637 211.
14.The Tashildhar, Padamudipalayam Post, Paramathi-Velur Taluk, Namakkal District-638 182.
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15.The Commissioner and Block Development Officer, Kabilarmalai Union Office, Kabilarmalai Post, Paramathi-Velur Taluk, Namakkal District-637 204.
16.The President, Vadakaraiyathur Village Panchayat, Vadakaraiyathur (Po), Paramathi Velur (Tk), Namakkal (Dt) – 637 213.
17.The President, Periyasolipalayam Village Panchayat, Periyasolipalayam (Po) Paramathi Velur (Tk), Namakkal (Dt) – 637 204.
18.The President, Kabilakurichi Village Panchayat, Kabilakurichi (Po), Paramathi Velur (Tk), Namakkal (Dt) – 637 204.
19.The President, Irukur Village Panchayat, Irukur (Po), Paramathi Velur (Tk), Namakkal (Dt) – 637 204.
20.The President, Agrahara Kunnathur Village Panchayat, Kunnathur (Po), Paramathi Velur (Tk), Namakkal (Dt) – 637 213.
__________ Page 10 of 11 https://www.mhc.tn.gov.in/judis W.P.No.27079 of 2024 THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
(sasi) W.P.No.27079 of 2024 19.09.2024 __________ Page 11 of 11 https://www.mhc.tn.gov.in/judis