F.M. Ibrahim Kalifulla, J.

This is a public interest litigation and the petitioners seek for the issuance of a writ of Mandamus to direct the respondents not to commit any act or omission which will interfere with the landscape of Mundiyambakkam lake in Survey No.144-1 at Mundiyambakkam village, Villupuram District spread over an extent of 16.45 hectares and consequentially protect and preserve the said lake from any development or construction activities whatsoever and thereby maintain the water body by restoring status quo ante prior to G.O.Ms.No.161, Health and Family Welfare (MCA1) Department, dated 30.08.2006.

.2. The State Government issued G.O.Ms.No.161, Health and Family Welfare (MCA1) Department, dated 30.08.2006, stating that a new Medical College is to be established at Villupuram District with an intake of 100 students from the academic year 2007-2008. It is stated that the said G.O. came to be issued in furtherance of an announcement made on 22.06.2006, in the State Legislative Assembly that the Government of Tamil Nadu had planned to start a Medical College in Villupuram District.

3. At the very outset the petitioners in paragraph 5 of their affidavit filed in support of the writ petition have made an averment in no uncertain terms that they welcome the decision to start a Medical College in Villupuram District. In the same breath they have stated that for establishing the Medical College the Hon’ble Health Minister and the Honble Education Minister of the State inspected four lakes in and around Villupuram District viz., Virattikuppam lake, Mundiampakkam lake, Vikkiravaandi lake and Muthaampalayam lake and that when certain objections were raised to the attempt of the State Government in locating the Medical College, in any one of the water bodies, the Hon’ble Minister for Education issued a statement on 10.01.2007, that no agricultural land will be selected for the construction of the Medical College. It is however alleged that subsequently it was reported in the newspapers published on 07.02.2007, that in a meeting on the development activities of Villupuram Town, the Minister for Education announced that 25 acres of land which is needed for construction of the Medical College has been selected in the Mundiyambakkam lake.

4. It is stated that there were objections for construction of Medical College in a water body by the local Member of Parliament and that there were also demonstration by others. It is also stated that subsequently representations were also made to the Chief Ministers Special Cell but still foundation stone laying ceremony was held on 19.05.2007, for the construction of the Medical College building in the Mundiyambakkam lake by the Honble Minister for Local Administration which was also attended by the Honble Minister for Education as well as Honble Minister for Health and Family Welfare. It is stated that for holding the function in the lake, the area was leveled and filled with debris.

.5. As far as the Mundiyambakkam lake is concerned, it is stated that it is spread over an area of 42 acres adjacent to the Villupuram Town and that vast extent of lands were being irrigated through the said water body, that on an earlier occasion another lake viz., Villupuram Poonthottam lake was taken over by the Government for construction of Villupuram Bus Stand and other Government Offices in an extent of 48.39 acres and there by the water body which was catering to the water needs of the people in Villupuram had been erased. It is further contended that a similar step is now being taken for construction of a Medical College in the Mundiyambakkam lake as against public interest and the decision has been taken without making any environment impact assessment by the concerned Department. It is also stated that the construction of a Medical College would deplete the water storage level in and around the area and thereby the ground water table which is already below 200 ft. would deplete furt