IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:- 06.01.2014

Coram:-

The Hon'ble Mr. Justice T.Raja

W.P. Nos.1856 to 1858 of 2013

and

M.P. Nos.1 to 4/13, 1 to 3/13

and 1 to 3/13

National Highways Authority

of India through

Project Director,

Project Implementation Unit,

No.1, Second Floor,

Subramaniapuram 3rd Street,

Karaikudi-630 002.

... Petitioner in

all Writ Petitions

vs.

The Secretary to Government,

Public Works Department,

Secretariat, Fort St. George,

Chennai 600 009.

... R1 in all WPs

The Principal Chief Engineer,

Water Resources Department,

Chepauk, Chennai 600 005.

... R2 in all WPs

The Chief Engineer,

Public Works Department,

Water Resources Organisation,

Madurai Region,

Madurai 625 002.

... R3 in Writ

Petn No.1856/2013

The Chief Engineer,

Public Works Department,

Water Resources Organisation,

Trichy Region,

Trichy 620 020.

... R3 in WPs.1857

and 1858 of 2013.

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The Assistant Executive Engineer,

Public Works Department,

Water Resources Organisation,

Manimuthar Basin Sub-Division,

Karaikudi-630 001.

... R4 in Writ

Petn No.1856/2013

The Superintending Engineer,

Public Works Department,

Water Resources Organisation,

Middle Cauvery Basin Circle,

Trichy.

... R4 in Writ

Petn No.1857/2013

New Kattalai Canal and

Aerie Pasana Vivasayigal

Welfare Association K.Sathanoor

rep. by its Secretary

G.Angamuthu,

19/1, West Street,

K.Sathanoor and Post,

Trichy-21.

... R4 in Writ

Petn No.1858/2013

[R.4 impleaded as per order of

Court dated 21.6.2013 made in

MP.4/13 in WP.1858/13]

The Assistant Engineer,

Public Works Department,

Water Resources Organisation,

Irrigation Section,

Kandanur-630 104.

... R5 in Writ

Petn No.1856/2013

The Executive Engineer,

Public Works Department,

Water Resources Organisation,

South Vellar Basin Division,

Pudukottai.

... R5 in Writ

Petn No.1857/2013

The Assistant Engineer,

Public Works Department,

Water Resources Organisation,

Irrigation Section,

Karaikudi-630 001.

... R6 in Writ

Petn No.1856/2013

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The Assistant Engineer,

Public Works Department,

Water Resources Organisation,

Irrigation Section,

Keeranur,

Pudukottai District.

... R6 in Writ

Petn No.1857/2013

WPs.1856 & 1857/13: Petitions under Article 226 of the Constitution

of India for the issuance of writs of certiorarified mandamus as

stated therein.

WP.1858 of 2013: Petition under Article 226 of the Constitution of

India for the issuance of a writ of certiorari as stated therein.

For Petitioner in

all W.Ps.

: Mr.P.Wilson, Senior

Counsel for M/s.P.Wilson Associates

For Respondents in WP

Nos.1856 & 1857/13

for RR.1 to 6

and for R1 to R3 in

WP.1858 of 2013

: Mr.P.H.Aravindh Pandian,

Additional Advocate General,

Assisted by Mr.R.Vijayakumar, AGP.

For R4 in WP.1858/13: Mr.T.Mohan,

for Mr.M.S.Palaniswamy.

COMMON ORDER

National Highways Authority of India (hereinafter referred

to as NHAI) through its Project Director at Karaikudi, has come to

this Court by filing,

(i) Writ Petition No.1856/2013, with a

prayer to issue a writ of certiorarified mandamus

to call for the records relating to the impugned

order passed by the 1st respondent/Secretary to

Government, Public Works Department (PWD),

Secretariat, Fort St. George, Chennai-9, vide his

letter No.19148/P1/2012-2, dt. 27.09.2012, quash

the same as illegal and consequently, direct the

1st respondent to issue NOC for road construction

in Kandakathan Tank, Kovilur-Koneri Tank,

Sanakarapuram Tank and Senjainattar Tank situated

in Sivagangai District;

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(ii) W.P. No.1857/13 - to issue a writ of

certiorarified mandamus to call for the records

of the 6th respondent/Assistant Engineer, PWD,

Water Resources Organisation, Irrigation Section,

Keeranur, Pudukottai District, vide his letter

No.51/2012/AE(K), dated 09.11.2012, quash the

same as illegal and consequently direct the 1st

respondent/Secretary to Government