In a writ petition under Article 226, petitioners prayed for a direction to protect a drinking water source by prohibiting new constructions in a designated radius. The High Court disposed of the petition by leaving it open to the authorities to consider the matter and ensure natural justice to third parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2014 CORAM : THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.2523 of 2014
1.C.Meyyar 2.CT.Palaniappan ... Petitioners
Vs. 1.The Secretary to Government, Municipal Administration and Water Supply Department, Chennai. 2.The District Collector, Sivagangai, Sivagangai District. 3.The Tahsildar, Karaikudi, Sivagangai District. 4.The Tamil Nadu Water and Drainage (TWAD) Board, through its Superintending Engineer, Sivagangai. 5.The Commissioner, Karaikudi Municipality, Karaikudi. 6.The Commissioner/Executive Officer, Sankarapuram Panchayat, Sankarapuram, Karaikudi Taluk, Sivagangai District. 7.The Commissioner/Executive Officer, Koviloor Panchayat, Koviloor, Karaikudi Taluk, Sivagangai District.
8.The Assistant Director of Village Panchayats, https://hcservices.ecourts.gov.in/hcservices/ Sivagangai.
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9.The Joint Director of Town and Country Planning, Sivagangai.
10.The Block Development Officer, Kallal, Sivagangai District. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to initiate appropriate action to ensure that a radius of 500 meters in the Sambai Uttru area in Karaikudi a drinking water source as a safer zone to ensure free and safe drinking water to Karaikudi Town and near by villages by not permitting in any manner any new constructions in the said area and by preventing such constructions and by taking action to remove the existing unauthorized constructions put up therein in the said zone.
For Petitioner : Mr.AL.Kannan For Respondents 1-3&6-8: Mr.C.Selvaraj, Special Government Pleader. For Respondents 9&10 : Mr.A.K.Baskarapandian Special Government Pleader.
ORDER
(Order of the Court was made by V.M.VELUMANI,J.)
The prayer in the writ petition is to direct the respondents to initiate appropriate action to ensure that a radius of 500 meters in the Sambai Uttru area in Karaikudi a drinking water source as a safer zone and to ensure free and safe drinking water to Karaikudi Town and nearby villages by not permitting in any manner any new constructions in the said area and by preventing such constructions and by taking action to remove the existing unauthorized constructions put up herein in the said zone.
2.According to the petitioner, earlier while disposing of W.P.No.17544 of 1995, by order dated 11.07.2002, a direction was issued to the respondents to consider the grievance of the petitioner therein in accordance with law. Pursuant to the said order, the second respondent directed the authorities not to permit any future constructions in the objected area by his proceedings dated 08.12.2003. According to the petitioner, there are several constructions nearby the objected area. Therefore, the second petitioner submitted a representation dated 16.11.2013 https://hcservices.ecourts.gov.in/hcservices/ before the District Collector in this regard.
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3.When the matter came up for hearing, Mr.C.Selvaraj, learned Special Government Pleader submitted that if there is any violation, the authority will take action and by following due process of law.
4.The said submission made by the learned Special Government Pleader is recorded.
5.We leave it open to the authorities to consider the said representation and deal with the matter in accordance with law. However, if any third party will be affected by the nature of the relief sought for by the petitioner or by any order to be passed, the authority shall hear such person to avoid the allegations of violation of principles of natural justice.
6.The writ petition stands disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(RTI) /True Copy/
Sub-Assistant Registrar
To
1.The Secretary to Government, Municipal Administration and Water Supply Department, Chennai.
2.The District Collector, Sivagangai, Sivagangai District.
3.The Tahsildar, Karaikudi, Sivagangai District.
4.The Superintending Engineer, Tamil Nadu Water and Drainage Board, Sivagangai
5.The Commissioner, Karaikudi Municipality, Karaikudi
6.The Commissioner/Executive Officer, Sankarapuram Panchayat, https://hcservices.ecourts.gov.in/hcservices/ Sankarapuram, Karaikudi Taluk, Sivagangai District.
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7.The Commissioner/Executive Officer, Koviloor Panchayat, Koviloor, Karaikudi Taluk, Sivagangai District. 8.The Assistant Director of Village Panchayats, Sivagangai. 9.The Joint Director of Town and Country Planning, Sivagangai. 10.The Block Development Officer, Kallal, Sivagangai District +One cc to Mr.AL.Kannan, Advocate, SR.No.10167 +One cc to the Special Government Pleader, SR.No.10690 sms RL/13 c- 28/2/2014 Writ Petition (MD) No.2523 of 2014
18.02.2014
1 issue framed by the court
Whether the respondents should be directed to declare a 500-meter radius in Sambai Uttru area as a safe zone to prevent new and remove unauthorized constructions to ensure safe drinking water.
1 provisions across 1 enactments
C.Meyyar
CT.Palaniappan
Secretary to Government, Municipal Administration and Water Supply Department, Chennai
District Collector, Sivagangai
Tahsildar, Karaikudi
Tamil Nadu Water and Drainage Board
R.Sudhakar
V.M.Velumanii
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court