Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Sanjay V.Gangapurwala, Mummineni Sudheer Kumar, JJ.
R. Viju – Petitioner
Versus
The Principal Secretary Public Works Department, Chennai and Others – Respondents
W.P (MD) No. 21088 of 2018 & W.M.P (MD) No. 18883 of 2018
Decided On : 01-03-2024
Mandamus - Construction of Culvert - The court disposed of the writ petition seeking the construction of a culvert across the Thamiraparani River mouth at Thengapattinam Fishing Harbour, directing the respondent authorities to survey the position of the Check Dam and take appropriate steps if it is washed away. The court also emphasized that the ice plants can operate only with necessary permissions and approvals from the authorities.
Fact of the Case:
The petitioner filed a writ petition seeking the construction of a culvert across the Thamiraparani River mouth and to prevent the conversion of agricultural lands into an industrial area.
Finding of the Court:
The court found that a Check Dam was constructed by the respondents instead of the culvert sought by the petitioner. The Check Dam was completed, but the petitioner claimed it was washed away in a cyclone. The court directed the authorities to survey the position of the Check Dam and address the issue if it is washed away. The court also emphasized the need for necessary permissions and approvals for operating ice plants.
Issues: Construction of culvert, Check Dam completion, Operation of ice plants without necessary permissions
Ratio Decidendi: The court's decision was influenced by the completion of the Check Dam instead of the culvert, the petitioner's claim of the Check Dam being washed away, and the requirement for necessary permissions and approvals for operating ice plants.
Final Decision: The writ petition was disposed of with no costs, and the connected miscellaneous petition was closed.
ORDER :
Sanjay V.Gangapurwala, J.
(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 6 to construct a culvert across the Thamiraparani river mouth at Thengapattinam Fishing Harbour and not allow the respondents 7 to 10 to spoil the agricultural lands by converting it as industrial area in the village at Parakkani, Vilavancode Taluk, Kanyakumari District, based on the petitioner's representation, dated 18.08.2018.)
1. The Writ Petition is filed in the year 2018. The directions were sought against the respondent No.1 to 6 to construct a culvert across the Thamiraparani River mouth at Thengapattinam Fishing Harbour. The further prayer is made seeking direction against the respondent Nos.7 to 10 not to spoil the agricultural lands by converting it as industrial area.
2. The learned Government Advocate submits that the Check Dam was constructed for a length of 130 meter across Thamirabarani River at Parakkani near Thengapattinam during 2019-2022 for an estimate of Rs.15.37 crores. The entire construction of Check Dam was completed on 04.06.2022.
3. It is the contention of the learned counsel for the respondent No.8 that the respondent No.8 is running an ice plant after obtaining necessary approval and it is not only the present respondent, but there are many ice plants functioning in the said area.
4. According to the learned counsel for the petitioner, the Check Dam that was constructed by the respondent Nos.1 to 6 has washed away in the Cyclone in December, 2023.
5. The Writ Petition is filed seeking construction of a culvert. However, the respondent Nos.1 to 6 had constructed the Check Dam and the same was completed on 04.06.2022.
6. The respondent authorities may survey the present position and if the Check Dam, as contended by the petitioner, is washed away, then, shall take appropriate steps expeditiously.
7. The respondents 7 to 10 are running the ice plants. They can run the ice plants only if they obtain necessary permission and approval from the authorities. It is for the authorities to consider whether necessary permissions are obtained.
8. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
AI
The Policy Decision of the Government cannot be interfered with by the Court, and the absence of no-objection from the Railways or others did not preclude the decision to construct the check-dam.
The court affirms the importance of protecting waterbodies, ruling that illegal constructions must be addressed in accordance with statutory provisions.
A writ of mandamus is appropriate to compel statutory authorities to consider and dispose of a public representation regarding alleged unauthorized construction within a time-bound, lawful process, w....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
