Disposed

Karuppaiya v. the State of Tamilnadu Rep. by

Madras HC26 Nov 2021WP(MD)/9475/2021

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking mandamus to forbid the 9th respondent from operating a water purifying plant commercially without a valid license. The Court observed the relevant certificate had lapsed and directed the petitioner to file a complaint if violations persist. The petition and connected matter were closed.

What did the court decide?

Petition closed; respondent directed that investigation can proceed based on petitioner's complaint if business continues without valid certificate.

Karuppaiya Vs the State of Tamilnadu Rep. by — Writ and Judicial Review | Madras HC (2021)

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W.P(MD)No.9475 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.11.2021

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CORAM :

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THE HONOURABLE TMT.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN

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W.P(MD)No.9475 of 2021 and WMP(MD)No.7201 of 2021

Karuppaiya

... Petitioner

vs.

1. The State of Tamilnadu represented by, The Principal Secretary, Public Works Department, St.George Fort, Chennai-600 009.

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1. The Chief Engineer, Water Resource Department, State Ground and Surface Water Resource Data Center, Tharamani,

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Chennai-600 133.

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1. The Assistant Director of Panchayats, Office of the Assistant Director of Panchayats, Thanjavur District.

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1. The District Collector, Thanjavur Collectorate, Thanjavur.

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1. The Revenue Divisional Officer, Pattukottai, Thanjavur.

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1. The Superintending Engineer, Public Works Department, Thanjavur District.

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1. The Superintending Engineer, Tamilnadu Water and Drainage Department, Thanjavur District.

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

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Page 1/3

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W.P(MD)No.9475 of 2021

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The Tahsildar, Peravurani Taluk, Thanjavur District.

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Mr.Arumugam

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... Respondents

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Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondent No.1 to 8 to forbearing the respondent No.9 and his men and agent from functioning the water purifying plant for commercial purpose, located at patta No.563, 509 Padapanarvaya Village, Peravurani Taluk, Thanjavur District in accordance with law within the time stipulated by this Hon'ble Court.

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For Petitioner : Mr.R.Alagumani For R1 to R6 & R8 : Mr.P.Subbaraj Special Government Pleader For R7 : Mrs.R.Porkodi Karnan For R9 : Mr.D.Rameshkumar

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ORDER

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

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The writ petition is for a Mandamus, to direct the respondents 1 to 8 to forbear the 9^th respondent, his men and agent from functioning the water purifying plant for commercial purpose, located at patta Nos.563 and 509, Padapanarvaya Village, Peravurani Taluk, Thanjavur District, in accordance with law within a time frame.

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The learned counsel appearing for the 9^th respondent against whom, the relief is sought for, states that originally, the no objection certificate dated 22.06.2020, was issued by the Chief Engineer, State Ground & Surface Water Resources Data Centre, Chennai, permitting M/s.Dana Aqua Products, belonging to the 9^th respondent, for drawal of total quantity of 70,000 LPD of groundwater for the purpose of packaged drinking water.

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The said certificate specifically states that it is valid only for one year from the date of issue. Therefore, the certificate has lapsed on 21.06.2021 and without the said certificate, the 9^th respondent cannot continue his business. Though it is alleged by the petitioner that the 9^th respondent is stealthily continuing his business, he may give appropriate complaint and the same may be investigated.

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

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Page 2/3

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W.P(MD)No.9475 of 2021

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Recording the above statement, the Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar (CS I)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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bala

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1. The Principal Secretary, State of Tamilnadu, Public Works Department,St.George Fort,Chennai-600 009.

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1. The Chief Engineer,

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Water Resource Department,

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State Ground and Surface Water Resource Data Center, Tharamani,Chennai-600 133.

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1. The Assistant Director of Panchayats, Office of the Assistant Director of Panchayats, Thanjavur District.

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1. The District Collector, Thanjavur Collectorate,Thanjavur.

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1. The Revenue Divisional Officer, Pattukottai,Thanjavur.

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1. The Superintending Engineer, Public Works Department,Thanjavur District.

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1. The Superintending Engineer, Tamilnadu Water and Drainage Department,Thanjavur District.

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1. The Tahsildar, Peravurani Taluk,Thanjavur District.

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+1 CC to M/s.P. RAMESHKUMAR, Advocate( SR-36528[F] dated 30/11/2021 )

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+1 CC to M/s.SPL GP ( SR-36302[F] dated 29/11/2021 ) W.P(MD)No.9475 of 2021 DATED : 26.11.2021

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https://hcservices.ecourts.gov.in/hcservices/ MGJ(03.12.2021) 3P 11C

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Page 3/3

Karuppaiya v. the State of Tamilnadu Rep. by

Case brief

What is this about?

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Karuppaiya v. the State of Tamilnadu Rep. by

Case brief

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What did the court decide?

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