ORDER :

T.S.SIVAGNANAM, J.

This Writ Petition styled as a Public Interest Litigation has been filed by a Society called Village Drinking Water and Health Society, represented by its Treasurer, Coodalore East Panchayat, Aravakuruchi Taluk, Karur District.

2. The petitioner prays for issuance of a Writ of Certiorari, to quash the order passed by the first respondent/District Collector, Karur District, dated 18.11.2020. By the said order, the District Collector/Tmt.S.Malarvizhi I.A.S., has granted permission to the fourth respondent to draw a pipeline along the road margin on the Government Poramboke land for drawal of water from a land owned by her to a Farm developed by her.

3. The petitioner, as a Public Interest Litigant, has challenged the impugned order, firstly, on the ground of mala fide exercise of power that, the impugned order suffers from patent lack of jurisdiction and the purpose for which the pipeline is to be drawn is not permissible and there is no public interest served on account of it and purely for the private Farm of the fourth respondent, the water pipeline has been permitted to be drawn in the Government land along the road margin.

4. It is submitted that at the time of the Writ Petition was entertained, an interim order was granted and inspite of the interim order, the fourth respondent proceeded with the work after 22.12.2021 and suo motu action for contempt was initiated and it is only thereafter, the work was stopped and pursuant to the directions issued earlier in the Writ Petition, the pipeline has been removed and we are informed by the learned Senior Counsel for the Government that except the distance of about 2 kms the pipeline has been removed. It is submitted that the impugned order is illegal because it is devoid of jurisdiction, as the original application filed by the fourth respondent for grant of permission to lay the pipeline along the road margin, was submitted on 01.06.2020. Thereafter, an order has been passed on 24.07.2020, which was a order passed by the Tahsildar, wherein it appears that the permission was not accorded. This order was put to challenge by the fourth respondent in W.P.(MD).No.11825 of 2020. The learned Single Judge of this Court held that the Tahsildar will not have jurisdiction to pass the order and quashed the order and remitted the matter to the District Collector, Karur to pass orders afresh in accordance with law. It was made clear that the Court is not inclined to go into the merits of the matter. Thus, the entire issue was left open for the District Collector, Karur, to consider. Pursuant to which, the District Collector has passed an order on 01.10.2020, rejecting the application submitted by the fourth respondent. This order was passed by Thiru.T.Anbalagan, I.A.S, the District Collector, Karur. In the later part of this order, we will go into the basis for rejection of the application and we will now proceed to complete the narration of the facts.

5. It appears that there was a change of District Collector and obviously, the change should have been after 1st October, 2020 and the new Collector should have taken charge during the first week of November, 2020. Be that as it may, the fourth respondent appears to have submitted a petition styled as an appeal petition to the District Collector. Essentially, what the fourth respondent wanted was to re-do the entire exercise and grant permission for her to draw the pipeline. The District Collector appointed a Committee consisting of 15 officials, inspection was conducted and by an elaborate 13 page order, permission has been granted. This order is impugned in this Writ Petition.

6. We have elaborately heard Mr.K.Suresh, learned counsel appearing for the petitioner, Mr.Veera Kathiravan, learned Senior Counsel appearing for Mr.K.Baskaran, learned Government counsel for the respondents 1 to 3 and Mr.Ajmal Khan, learned Senior Counsel appearing for Mr.P.Dhanasekaran, learned counsel for the fourth respondent.

7. The following is