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2024 Supreme(Online)(Mad) 53339

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
S.DEIVASIGAMANI – Appellant
Versus
THE PRINCIPAL SECRETARY TO G – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.04.2024 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.24432 of 2023 and W.M.P.No.23872 of 2023 S.Deivasigamani ... Petitioner Vs.

1.The Principal Secretary to Government, Public Works Department, The Secretariat, St. George Fort, Chennai - 600 009.

2.The Chairman Cum Managing Director, TANGEDCO, 6th Floor, TANTRANSCO Building, No. 144, Anna Salai, Chennai -600 002.

3.The Commissioner, Hindu Religious And Charitable Endowments Department, No. 119, Uthamar Gandhi Road, Chennai -600 034.

4.The Engineer-In-Chief, (Water Resources And Organization), &

Chief Engineer (General), Public Works Department, Chepauk -600 005.

5.The District Collector, The District Collectorate, Erode.

6.The Chief Engineer, Water Resources And Organization And Public Works Department, Town Hall, Coimbatore.

7.The District Revenue Officer, Office Of The District Revenue Office, Erode District.

8.The Superintending Engineer, TANGEDCO, EDC/ Gobi, Tiruppur Road, Vettaikarankovil, Nagadevanpalayam Post, Gobichettipalayam, Erode District - 638 476.

9.The Revenue Divisional Officer, Office of The Revenue Divisional Officer, Gobichettipalayam.

Erode District.

10.The Divisional Engineer, Department of Highways, Office of The Divisional Engineer, Moolapalayam, Erode District - 638 002.

11.The Assistant Commissioner, Hindu Religious And Charitable Endowments Department, Erode Zone, Erode.

12.The Executive Engineer, TANGEDCO, Gopichettipalayam, EDC/Gobi, Erode District.

13.The Inspector of Police, Economic Offences Wing, State Bank Road, Erode District.

14.The Assistant Divisional Engineer, Highways Department, (Construction And Maintenance)

Bhavani, Erode District.

15.The Assistant Executive Engineer, Public Works Department, Anthiyur, Erode District.

16.The Tahsildhar, Anthiyur Taluk, Erode District.

17.The Block Development Officer, Block Development Office, Anthiyur Taluk, Thavuttupalayam, Anthiyur, Erode District.

18.Kaalingaraayan Paasana Madhagu Vivasaya Sangam, Rep By Its Member Palanikumar, Kuttampalayam, Naduppaalayam, Kodumudi, Erode District -638 151.

19.Bhavani Nathipasanavivasayeegal Sangam, Rep By Its President, Mr. Subithalapathi, No. 232, Kacheri Street, Thadapalliarakankottai, Gobichettipalayam, Eroder- 638 452.

20.K.K. Sreerangan, 21.Shree Mahasakthi Neeryettra Paasana Vivasayeegal Sangam, Represented By Its Members, N. Subramani, S/O. Nallasamy, Puliyamarathottam, Anthiyur Colony, Michaelpalayam Post, Anthiyur, Erode -638 501.

22.Executive Engineer, Bhavanisagar Damn Division, Bhavani - 638 451.

23.Assistant Executive Engineer, Water Resources And Organization And Public Works Department, Bhavani Division, Bhavani - 638 301 ...Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the Respondent nos. 1 to 17 herein to take necessary legal actions in the light of the petitioners representation dated 04.08.2022 and the report which is to be filed by the aforementioned independent committee, within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr.Meiyappan Mohan For Respondents : Mr.T.Venkatesh Kumar, Spl.G.P.

[for R.1, 4, 6, 14, 15, 17, 22 & 23]

: Mr.U.Baranidharan, AGP [for R.5, 7, 9, 10 & 16]

: Mr.K.Karthikeyan, Govt. Advocate (AR CCE) [ for R.3 & R.11]

: Mr.I.Syed Sibghtulla, S.C. for TANGEDCO, for [R.2, 8 and 12]

: Mr.S.Vinoth Kumar, Govt. Advocate (Crl.Side) [for R.13]

: Mr.K.Sudhakar [for R.19]

: Mr.N.Manokaran [for R.20]

: No appearance [for R.17 and 21]

O R D E R

The writ of mandamus has been instituted to direct the respondents 1 to 17 to take necessary legal actions based on the petitioner’s representation dated 04.08.2022.

2. The petitioner states that he is a farmer and doing agricultural activities in his lands in S.F.No.382/2 situated in Nagalur Village for the past several decades. The petitioner raised several allegations relating to theft and misuse of water from Bhavani river in Erode District.

3. Water is bei

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