Dismissed

Selvapandi. N.A v. The State of Tamil Nadu

Madras HC8 Nov 2021WP(MD)/3224/2021

Case brief

AI extract

What is this about?

This writ petition sought a mandamus to restrain respondents from constructing a check dam without a survey or impact study. The court, noting that a survey was conducted and approval granted by the government before work commenced, disposed of the petition in favour of the respondents.

What did the court decide?

None granted; the petition was disposed of as the survey and approval existed.

Selvapandi. N.A Vs The State of Tamil Nadu — Landlord and Tenant | Madras HC (2021)

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W.P.(MD).No.3224 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2021 CORAM:

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THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and

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THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.(MD).No.3224 of 2021 and W.M.P(MD)No.2550 of 2021

1.N.A.Selvapandi

2.V.Paneer Selvam

3.V.Karuppiah

4.S.Mariappan

5.P.Jothimani

6.B.Eswaran

7.R.Tirupathi 8.K.Paramasivam 9.K.Mari .. Petitioners

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Vs.

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1.The State of Tamil Nadu, Rep by its Principal Secretary, Public Works Department, Fort St.George, Chennai.

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2.The District Collector, Madurai District, Madurai District.

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3.The Superintending Engineer,

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O/o.The Superintending Engineer, Public Works Department, Madurai District.

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4.The Executive Engineer, O/o.The Executive Engineer, Public Works Department, Madurai District. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, to forbear the respondents 1 to 4 from constructing the Check dam across the Goundan River in Thirali Village, Thirumangalam Taluk Madurai District, without conducting survey and studying the impact of the Checkdam in lower riparian villages.

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For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.P.Subbaraj Government Advocate

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

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W.P.(MD).No.3224 of 2021

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ORDER

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(Order of the Court was made by PUSHPA SATHYANARAYANA, J.,)

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This writ petition is filed for the issuance of a Wit of Mandamus forbearing the respondents from constructing the Check dam across the Goundan River in Thirali Village, Thirumangalam Taluk, Madurai District, without conducting survey and studying the impact of the Check dam in lower riparian villages.

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2.The petitioner's apprehension is that the lower riparian owner will be affected subject to the height that may be fixed for the construction of the Check dam.

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3.Upon notice to the Executive Engineer, Public Works Department, Madurai, the fourth respondent has filed a counter affidavit, wherein, he has stated that a detailed survey has been conducted for constructing Thirali Check dam by Planning and Designs Wing and Administrative sanction has been accorded by the Government in G.O.(4D) No.59/Public Works (P1) Department, dated 06.07.2020. Pursuant to the same, a tender has already been called for and the lowest tender has already been approved by the Tender Award Committee. Further, he has stated that the work has already been commenced on 10.12.2020.

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4.As the only grievance of the petitioner is that the Check dam construction was to commence without even a survey and that survey is now addressed. It is open to the petitioner to approach the second respondent, viz., the District Collector, Madurai, for any other grievance without stalling further progress of the construction of the Check dam.

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5.In the light of the above, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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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.

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

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W.P.(MD).No.3224 of 2021

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1.The Principal Secretary, Public Works Department, Fort St.George, Chennai.

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2.The District Collector, Madurai District, Madurai District.

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3.The Superintending Engineer, O/o.The Superintending Engineer, Public Works Department, Madurai District.

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4.The Executive Engineer, O/o.The Executive Engineer, Public Works Department, Madurai District.

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+1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-33886[F] dated 10/11/2021)

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+1 CC to M/s.SPL.GP (SR-33787[F] dated 09/11/2021)

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W.P.(MD).No.3224 of 2021 and W.M.P(MD)No.2550 of 2021 08.11.2021

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TSK(CO) GC/SKN(22.11.2021) 3P 7C

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

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Selvapandi. N.A v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Selvapandi. N.A v. The State of Tamil Nadu

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

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