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2018 Supreme(Mad) 4151
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
T. RAJA, KRISHNAN RAMASAMY, JJ.
Petitioner
Versus
Respondent
W.P. (MD) Nos. 20927, 11467, 20886, 20884 of 2018, 24149, 11101 of 2017, 21346 of 2015 & 17307 of 2018
Decided on : 01-11-2018
The central legal point established is the need for expeditious restoration of water bodies, prevention of pollution, and coordination among departments for effective water management.
Headnote:
Water Management - Restoration of Water Bodies - Mariamman Theppakulam - [T.K.Shanmugam, Secretary, C.P.I. (M) v. The State of Tamil Nadu and others, 2015-5-L.W.397], [W.P.(MD)No.15244 of 2018] - The court directed the coordination and completion of de-silting work in Mariamman Theppakulam, prevention of sewage and drainage water into Vaigai River, and publication of hydraulic particulars of water bodies.
Fact of the Case:
The court addressed the unsatisfactory progress of restoration work in Mariamman Theppakulam and the need for coordination among various departments to ensure water restoration and prevent pollution.
Finding of the Court:
The court found that the restoration work was not progressing satisfactorily and directed various departments to coordinate and expedite the de-silting work, prevent pollution of Vaigai River, and publish hydraulic particulars of water bodies.
Issues: Unsatisfactory restoration work, pollution of water bodies, coordination among departments, and non-compliance with court orders.
Ratio Decidendi: The court emphasized the importance of expeditious restoration of water bodies, prevention of pollution, and coordination among departments for effective water management.
Final Decision: The court directed various departments to coordinate and expedite the de-silting work in Mariamman Theppakulam, prevent pollution of Vaigai River, and publish hydraulic particulars of water bodies. The matters were listed for further orders on a specified date.
T. Raja, J.
Madurai District:
1. Mr.Veera Kathiravan, learned Senior Counsel submitted that since the matter is shown to be listed at 2.15 p.m. today, to find out the storage level and also the progress of the work in both Mariamman Theppakulam and Vandiyur Kanmoi in Madurai, he has requested Mr.B.Saravanan and Mr.Niranjan S. Kumar, learned Advocates to visit and find out the subsequent development and improvement in the work undertaken by the District Administration. They have also visited these two places and taken photographs. A perusal of the water storage level in Mariamman Theppakulam indicates unsatisfactory performance of the work undertaken till date by the respondents. Although they have mentioned before this Court that 1 ft. of water storage level was maintained one week ago, even now, the entire floor/ground are of the Theppakulam has not been submerged even at 1 ft. level on all sides. The photographs shown before us also indicate the same condition.
2. Mr.K.K.Ramesh, party in person, submitted that few years back when an attempt was made to restore the Mariamman Theppakulam by storing water, a decision was taken to de-silt all the filth and deposits in the Theppakulam till the level showing the stone laid at the time of constructing the Theppakulam. Without removing the deposits and the filth found in the Theppakulam, if water is stored that will not be a good water and that might also emit bad odour or smell and that might also create unhealthy atmosphere in the vicinity. Since more number of people are using that area for morning and evening walk and also for relaxation by sitting over all the four sides of the Theppakulam, the bad odour or smell would not permit them to have fresh air. Therefore, Mr.Veera kathiravan, learned Senior Counsel also submitted that if a committee is constituted with a direction to undertake the removal of filth and deposits not cleared for several decades that would help the District Administration to store more and clean water.
3. Mr.R.Gunalan, District Revenue Officer, Mr.I.Renganathan, Executive Engineer (Planning), Madurai Corporation and Mr.K.Sundarappan, Executive Engineer, Periyar Main Canal Division, Melur, Public Works Department, also submitted that Hindu Religious and Charitable Endowments Department also should be impleaded as one of the parties, as the Theppakulam is coming under the administration of the Hindu Religious and Charitable Endowments Department, who are having control and administration of the Meenakshi Sundareswara Temple. The District Revenue Officer, Executive Engineer (Planning), Madurai Corporation and Assistant Engineer also stated that the Mariamman Theppakulam is also having original water supply channel from the Chottathatti canal and Pannaiyur canal. Now, in view of the proposal for building water check dams – one near Kurivikaran Salai and another near A.V. Bridge, for which, tender also has been flouted, after completion of the check dam at Kurivikkaran Salai, there will be a free flow of water from the check dam through the original water supply channel from Vaigai river to Mariamman Theppakulam. Therefore, after the completion of the said check dams, temporary pumping station presently working for filling Mariamman Theppakulam will be replaced. For restoration of the original water supply channel, the Hindu Religious and Charitable Endowments Department also will be roped. Therefore, we hereby direct the District Revenue Officer, Madurai, the Joint Commissioner, H.R. & C.E., Madurai, Executive Engineer (Planning), Madurai Corporation, Executive Engineer, Public Works Department/WRO, to coordinate with each other and ensure that the de-silting is undertaken and completed expeditiously before northeast monsoon sets in so that the storage level of the water in the Mariamman Theppakulam can be easily completed.
4. It is also pointed out by Mr.Veera kathiravan, learned Senior Counsel that open defecation is largely committed by the locals residin
