Disposed

S.Kandasamy v. The Chief Engineer

Madras HC9 Sept 2021WP/5482/2021

Case brief

AI extract

What is this about?

The High Court of Madras disposed of a writ petition. The petitioner sought a directive to issue a No Objection Certificate for supplying water from his open well to the Tiruppur area via tankers. The court directed the second respondent to consider the representation and order on merits within eight weeks without examining the merits of the case.

What did the court decide?

Directed the second respondent to consider the petitioner's representation dated 23.01.2021 and pass orders on merits within eight weeks.

S.Kandasamy Vs The Chief Engineer — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.09.2021

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CORAM

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THE HONOURABLE MR. JUSTICE R. MAHADEVAN

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W.P. No. 5482 of 2021

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S.Kandasamy

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 ...Petitioner

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Versus

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1.The Chief Engineer Water Resources Department Public Works Department Chepauk

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 Chennai - 600 005

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2.The Executive Engineer Office of the Public Works Department Avinashi Road Tirupur

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 Tirupur District

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3.The Tahsildar Tahsildar Office (South) Tiruppur District ...Respondents

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Writ Petition filed under Article 226 of the Constitution
of India praying for issuance of a writ of Mandamus directing
the respondents to issue a "No Objection Certificate" to the
petitioner enabling the petitioner to supply of water taking
from the open well of the petitioner situated in Survey No. 258
at No. 3/66, Chinnakalipaalayam, Iduvai, Tiruppur District,
through tanker lorries for domestic and industrial purpose in
and around Tiruppur based on the petitioner's representation
dated 23.01.2021 within the time as stipulated by this Hon'ble
Court

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The present writ petition has been filed seeking to issue a
Writ of Mandamus directing the respondents to issue a "No
Objection Certificate" to enable the petitioner to draw water

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

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from the open well from his premises in Survey No. 258 at No.
3/66, Chinnakalipaalayam, Iduvai, Tiruppur District and to
supply it through tanker lorries for domestic and industrial
purpose in and around Tiruppur area.

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2. According to the petitioner, he owns an agricultural
land at Iduvai village measuring an extent of 0.61 hectares
comprised in S. No. 258 with one round well. Owing to the
formation of Tiruppur Area Development Corporation Limited
scheme, water from Bhavani river to Tiruppur is being utilised
only for industrial purposes and hence people have to depend
only on tanker lorries. It is stated that there is no
prohibition for supply of water within the municipal area as
contained in Chapter VII of the Tamil Nadu District
Municipalities Act. He would further aver that the land owners
have provided oil pump sets for drawing water from well which is
done in a legal manner. The petitioner therefore made a
representation to the respondents on 23.01.2021 seeking to issue
No Objection Certificate to enable him to draw and supply water
through tanker lorries. However, the petitioner's representation
is kept pending without any consideration. Therefore, this Writ
Petition.

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3. Heard both sides. Considering the limited relief sought
in this writ petition, this court, without going into the merits
of the case, directs the second respondent to consider the
petitioner's representation dated 23.01.2021 and pass
appropriate orders, on merits and in accordance with law, after
affording reasonable opportunity of hearing to the petitioner,
within a period of eight weeks from the date of receipt of a
copy of this order.

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4. This Writ Petition is disposed of with the above
direction. No costs.

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Assistant Registrar (CS-III)

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// True Copy //

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Sub Assistant Registrar

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dhk

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To

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1.The Chief Engineer,
 Water Resources Department,
 Public Works Department,
 Chepauk,
 Chennai - 600 005.

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

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2.The Executive Engineer,
 Office of the Public Works Department,
 Avinashi Road,
 Tirupur,
 Tirupur District.
3.The Tahsildar,
 Tahsildar Office (South),
 Tiruppur District.
+1cc to Mr.P.S.Kothandaraman, Advocate SR.No.45736
+1cc to the Government Pleader SR.No.46151
 W.P. No. 5482 of 2021

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AJS(CO)
RVM(29/09/2021)

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

S.Kandasamy v. The Chief Engineer

Case brief

What is this about?

What did the court decide?

S.Kandasamy v. The Chief Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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