Dismissed

Natchikulam Kanmoi Pasanadharargal Sangam v. the District Collector

Madras HC6 Oct 2020WP(MD)/13642/2020

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a writ petition challenging an order permitting a bore-well to be dug for supplying drinking water. The Court held that providing essential drinking water to citizens is the bounden duty of the Government and takes precedence over cultivation concerns.

What did the court decide?

The writ petition was dismissed, no costs were awarded, and connected petitions were closed.

Natchikulam Kanmoi Pasanadharargal Sangam Vs the… — Writ and Judicial Review | Madras HC (2020)

¶1

W.P(MD)No.13642 of 2020

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2020

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and

¶5

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

¶6

W.P(MD)No.13642 of 2020 and W.M.P(MD)Nos.11350 to 11352 of 2020

¶7

Natchikulam Kanmoi Pasanadharargal Sangam, Represented by its Secretary, S.Balasubramanian, (Regn No.111/2019), Natchikulam, Karuppatti – Via, 625 205, Vadipatti Taluk, Madurai District. ... Petitioner Vs.

¶8

1.The District Collector, Madurai District, Madurai.

¶9

2.The Executive Engineer, Public Works Department, Water Resources Organisation, Periyaru Vaigai Basin Division, Madurai – 2.

¶10

3.The Block Development Officer, Nilakkottai Block Development Office, Nilakottai, Dindigul District

¶11

4.The President, Mattapparai Village Panchayat, Mattapparai, Dindigul District. ... Respondents

¶12

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, by calling for the entire records, pertaining to the impugned order, passed by the second respondent in Ka.No.18R/VaPa/EvaA2/2020/Ko.14(a)/ dated 23.07.2020 and quash the same as illegal and consequently to forbear the respondents 3 and 4 from taking water in the Natchikulam Kanmoi, situated in S.No.45, Natchikulam Village, Vadipatti Taluk, Madurai District.

¶13

For Petitioner : Mr.P.Santhana Krishnan For Respondent Nos.1 & 2 : Mr.Muthu Geethaiyan, Special Government Pleader

¶14

https://hcservices.ecourts.gov.in/hcservices/

¶15

1/3

¶16

W.P(MD)No.13642 of 2020

¶17

For Respondent : Mr.K.P.Narayana Kumar,

¶18

Nos.3 & 4 Standing Counsel ORDER [Order of the Court was made by N.KIRUBAKARAN, J. ]

¶19

The petitioner Sangam has come before this Court, challenging the order dated 23.07.2020 passed by the second respondent, in and by which, permission has been granted to the third respondent, to dig bore-well and to lay pipe lines for supplying drinking water to the villagers of Sadaiyamapatti Village, Mattaparai Panchayat, Nilakottai Taluk, Dindigul District.

¶20

2.Heard Mr.P.Santhana Krishnan, learned Counsel for the petitioner and Mr.Muthu Geethaiyan, learned Special Government Pleader, who takes notice for respondent Nos.1 and 2 and Mr.K.P.Narayanakumar, learned Standing Counsel, who takes notice for respondent Nos.3 and 4.

¶21

3.Though the learned Counsel for the petitioner submitted that if water is drawn by digging bore-well in the middle of the lake, cultivation in their village would be affected, it is the bounden duty of the Government to provide drinking water to the public, as water is the basic and essential requirement for every living being.

¶22

4.Vide impugned order dated 23.07.2020, the second respondent, only permitted the third respondent, to dig bore-well and to lay pipe lines for the purpose of providing drinking water to the residents of Sadaiyampatti village. Therefore, the impugned order cannot be set aside and it is the bounden duty of the Government, that too, for a welfare State, to provide the essential requirements to its citizens. Though cultivation is also to be given importance, when compared, drinking water should be given preference than cultivation.

¶23

5.In the result, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

¶24

/ /2020 Sub Assistant Registrar(CS)

¶25

https://hcservices.ecourts.gov.in/hcservices/

¶26

2/3

¶27

W.P(MD)No.13642 of 2020

¶28

dsk

¶29

To 1.The District Collector, Madurai District, Madurai. 2.The Executive Engineer, Public Works Department, Water Resources Organisation, Periyaru Vaigai Basin Division, Madurai – 2. 3.The Block Development Officer, Nilakkottai Block Development Office, Nilakottai, Dindigul District 4.The President, Mattapparai Village Panchayat, Mattapparai, Dindigul District. +1 CC to SGP ( SR-19324[F] dated 07/10/2020 )

¶30

W.P(MD)No.13642 of 2020 06.10.2020

¶31

SJ(CO) KM (19.10.2020) 3P 6C

¶32

https://hcservices.ecourts.gov.in/hcservices/

¶33

3/3

Natchikulam Kanmoi Pasanadharargal Sangam v. the District Collector

Case brief

What is this about?

What did the court decide?

Natchikulam Kanmoi Pasanadharargal Sangam v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohamed Kassali Vs the Assistant General Manager

S.Ashokkumar Vs the Director General of Police/Chairman

N.Chakkaravarthi Kanna Vs The Registrar General

M.Kismath Begum Vs the Branch Manger

M.Muthukaruppanan Vs the Secretary to Government

P. Sakthivel Vs Tamilnadu Mercantile Bank Ltd.