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2017 Supreme(Mad) 2399

M.DURAISWAMY
Dravida Munnetra Kazhagam (DMK) rep by R. Girirajan, Legal Wing Secretary – Appellant
Versus
Government of Tamil Nadu, rep. by Home Secretary – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Shanmugasundaram, Senior Counsel and Mr. N.R. Elango, Senior Counsel for Mr. R. Neelakandan
For the Respondent:Mr. S.T.S. Murthi, Additional Advocate General assisted by Mr. E. Balamurugan, Additional Government Pleader

ORDER :

The petitioner, Dravida Munnetra Kazhagam, represented by its Legal Wing Secretary, has filed the above Writ Petition to issue a writ of mandamus forbearing the respondents and their subordinate officials from in any manner preventing or interfering or interrupting the visit of party's working President Mr.M.K.Stalin to anywhere in the State of Tamil Nadu for the purpose of visiting the water bodies under desilt process by the petitioner party's cadre.

2. The brief case of the petitioner is as follows:

(i) According to the petitioner, due to the prevailing dry weather in the State, it is imperative to desilt water-bodies so that they are able to hold water through the rest of the year. Since the State Government has not undertaken any desilting of water-bodies in the State, the party's Working President Mr.M.K.Stalin, Leader of the Opposition, Tamil Nadu Legislative Assembly, requested the party cadres to desilt the water-bodies like ponds, tanks, etc in the State, so that the people may not face water scarcity and agriculture would not be adversely affected.

(ii) According to the petitioner, as requested by the Working President, in many places across the State, ponds and tank































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