Petitioner seeks interim stay and quashing of an order denying No Objection Certificate for taking pipelines for drinking water. Court extends interim order absolutely, relying on prima facie disparity between drinking water needs and agricultural use, subject to final hearing.
Interim order extended absolutely.
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WMP(MD) No.16310 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction )
Tuesday, the Second day of February Two Thousand and Twenty One
PRESENT
The Honble Mr.Justice M.M.SUNDRESH and The Honble Mrs.Justice S.ANANTHI
WMP(MD) No.16310 of 2020 IN WP(MD) No.19590 of 2020
M/S.VILLAGE DRINKING WATER AND HEALTH SOCIETY, REPRESENTED BY ITS TREASURER P.MANI
Vs
4 S.SHANTHI ... RESPONDENTS/RESPONDENTS
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an order of Interim Stay of the impugned order passed by the 1st Respondent in Na.ka.G1/11855/2020 dated 18/11/2020, pending disposal of this Writ Petition.
Prayer in WP(MD). 19590/ 2020 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue an order or orders or directions or writs in the nature of certiorari calling for the records relating to the impugned order passed by the 1st respondent in Na.Ka.G1/11855/2020 dated 18/11/2020 and quash the same as illegal, arbitrary and without jurisdiction.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and https://hcservices.ecourts.gov.in/hcservices/ upon hearing the arguments of Mr.K.SURESH, Advocate for the
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WMP(MD) No.16310 of 2020
petitioner and of Mr.K.CEHLLAPANDIAN, Additional Advocate General assisted by Mrs.J.PADMAVATHI DEVI, Special Government Pleader for the respondents 1 to 3 and Mr.AR.L.SUNDARESAN, Senior Counsel for Mr.I.VELPRADEEP, Advocate for the 4th Respondent, the court made the following order:-
(Order of the Court was made by M.M.SUNDRESH, J.)
Heard the learned counsel for the petitioner, the learned Additional Advocate General for the official respondents and the learned Senior counsel for the respondent No.4.
2.We have perused the records including the vacate stay petition.
4.The learned counsel appearing for the petitioner submitted that the drinking water, which the petitioner is concerned, a pipeline is sought to be taken 16 metres away for the alleged irrigation purpose.
7.There are continuous issues involved in the writ petition, which can be decided only at the time of final hearing of the writ petition. Prima facie, we are of the view that interim order has to be extended. The question of consideration is on the powers available to the respondent No.2 and the manner in which it is https://hcservices.ecourts.gov.in/hcservices/ exercised.
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WMP(MD) No.16310 of 2020
sd/-
02/02/2021
/ TRUE COPY /
/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
ORDER
IN WMP(MD) No.16310 of 2020 IN WP(MD) No.19590 of 2020 Date :02/02/2021
RR
JM/VR/SAR III/08.02.2021/3P/4C
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1 issue framed by the court
Whether the District Revenue Officer (Respondent 2) has powers of review after an earlier decision was made.
M/S.VILLAGE DRINKING WATER AND HEALTH SOCIETY, REPRESENTED BY ITS TREASURER P.MANI
THE DISTRICTCOLLECTOR, KARUR DISTRICT
THE DISTRICT REVENUE OFFICER, KARUR DISTRICT
THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, WRO, GROUND WATER DIVISION, TRICHY
S.SHANTHI
M.M.SUNDRESH
S.ANANTHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
