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2011 Supreme(Mad) 3514

S.PALANIVELU
Ind Barath Powergencom Ltd. , Rep. by its Senior Vice President – Appellant
Versus
Revenue Divisional Officer-cum-Sub Divisional Magistrate – Respondent


Advocates Appeared:
For the Petitioner:M/s. M. Ajmal Khan, M/s. G. Prabu Rajadurai, M/s. N. Sankar Ganesh, Advocates.
For the Respondents:R1 & R2 -K. Chellapandian, Additional Advocate General for P. Kandasamy, Additional Public Prosecutor. For the Intervenor:Dr. K. Krishnasamy, M/s. C. Mayil Vahana Rajendran, Advocates.

Judgment :-

1. Since the issue involved in all the cases is one and the same, these petitions were taken up and heard together and a common order is passed.

2. These Criminal Revisions are preferred to call for the records relating to the orders dated 10.06.2011, made in Proceedings Na.Ka.A1.7275/10, on the file of the first respondent and set aside the same.

3. The contentions of the revision petitioners may be summarised as follows:

3(1). The petitioner in Criminal Revision Case No.534 of 2011 is engaged in generation of power. The power generated from the company is contributed to the Tamil Nadu Power Grid at Arasadi Vilage which generates 710 MWs and supplies the same to the Tamil Nadu Electricity Board for which it requires 7.5 lakh liters of water per day. It made a payment of Rs.3.2 Crores to Tamil Nadu Water Supply and Drainage Board (hereinafter referred to as 'TWAD Board') for the supply of water. However, the TWAD Board is able to supply only 2 lakh liters per day. Hence, the petitioner's company procure water from private land owners in and around Ottapidaram Taluk and other villages in Tuticorin District. The District Collector, Tuticorin, in his proceedings Mu.A.1.201


































































































































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