This writ petition challenging the grant of permission to de-silt a water body was disposed of as premature. The Court observed that an earlier petition regarding the same water body was pending for an inspection exercise by the Tahsildar, whose report would guide subsequent action.
No costs. Consequently, connected Miscellaneous Petitions are closed.
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 : 06.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
W.P(MD)No.4727 of 2018 and W.M.P(MD)Nos.4767 & 4768 of 2018
Ramamirtham
... Petitioner
Vs.
Ramanathapuram District.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings in Na.Ka.G & M.1/148/2018, dated 07.02.2018 issued by the first respondent and quash the same and consequently direct the respondents to protect the Oorani situated in Survey No.791/2 to an extent of 1.26.5 hectares and 791/3 to an extent of 2.55.5 hectares, Vedhalai Village, Mandapam Group, Ramanathapuram Taluk and District.
For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.A.K.Baskara Pandian, Special Government Pleader.
ORDER
(Order of the Court was made by M.SATHYANARAYANAN,J.)
https://hcservices.ecourts.gov.in/hcservices/ By consent, the Writ Petition itself is taken up for final disposal.
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2.The petitioner is the Village Secretary of Bharathiya Janatha Party of Ramanathapuram District and according to him, one Ishmathnoon has applied for permission to de-silt a water body (Oorani) in Survey No.791/2 admeasuring to an extent of 1.26.5 hectares and in Survey No.791/3 admeasuring to an extent of 2.55.5 hectares and without taking note of the sentiments and objections raised by the people of Vedalai Village, Mandapam Group, Ramanathapuram District, the first respondent has accorded permission, vide proceedings, dated 07.02.2018 in Na.K.G&M.No.1/148/2018 and challenging the legality of the same, the petitioner has came forward to file this Writ Petition.
3.The learned counsel appearing for the petitioner has drawn the attention of this Court to the typed-set of documents and would submit that though desilting has been done very recently and there is absolutely no cause to desilt the Tank once again and without taking note of the objections raised by the people of the locality, the first respondent, through impugned proceedings, has erroneously granted licence to the said person to de-silt the land in question and prays for interference.
4.Per contra, the learned Special Government Pleader appearing for the respondents has drawn the attention of this Court to the order, dated 14.02.2018 made in W.P(MD)No.2965 of 2018 filed by the very same petitioner and would submit that this Court, in the above said order, has directed the Tahsildar, Ramanathapuram District, to cause inspection of 'Alavanthar Oorani' comprised in Survey Nos.791A, 791B and 791C of Kunjarvalasai Village, Vetharanyam Panchayat, Ramanathapuram District, within a period of four weeks from the date of receipt of a copy of the order, after putting the concerned persons/officials on notice and depending upon the result of the same, directed the said official to take appropriate action in accordance with law and the period is yet to expire and further contended that the Writ Petition is a pre-mature one and it is not at all maintainable and prays for dismissal of the same.
5.This Court has considered the rival submissions and perused the materials placed on record.
6.It is not in dispute that the petitioner on an earlier occasion filed W.P(MD)No.2965 of 2018 against the very same officials praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 10.01.2018 and consequently, direct them to protect Alavanthar Oorani situated in Survey Nos.791A, 791B and 791C admeasuring to an extent of 4.62 acres of the said Village and it was disposed of by this Court on 14.02.2018 on the above terms and as rightly pointed by the learned Special Government Pleader appearing for the respondents, the period granted by this Court to the third respondent herein to do the said exercise is not yet over.
7.It is also to be pointed out at this juncture that the
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petitioner has not impleaded Mr.Ishmathnoon, in whose favour licence was granted, as a party in this Writ Petition and in the considered opinion of this Court, the result of the exercise shall be carried out by the third respondent in terms of the order, dated 14.02.2018 made in W.P(MD)No.2965 of 2018, may take care of the interest of the petitioner.
8.It is also made clear that the respondents, after the completion of the exercise of the third respondent in terms of the above said order, shall also take cognizance of the said report and depending upon the same, shall take appropriate action in accordance with law as to the grievance expressed by the petitioner.
9.The Writ Petition stands disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/Assistant Registrar (CS-III)
/True Copy/
Sub Assistant Registrar
To
PS TE/KK/SAR-2 : 20/03/2018 : 3P/6C
W.P(MD)No.4727 of 2018 and W.M.P(MD)Nos.4767 & 4768 of 2018 06.03.2018
2 issues framed by the court
Whether the Writ Petition challenging the grant of permission to de-silt a water body is maintainable when an earlier petition regarding the same locus is pending for inspection.
Whether the Writ Petition should be dismissed on premature grounds due to the pendency of a matter involving the protection of the same water body.
Colour shows how this judgement treated each authority
W.P(MD)No.2965 of 2018Referred¶24
Ramamirtham
The District Collector
The Revenue Divisional Officer
The Tahsildar
M. SATHYANARAYANAN
R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
