V. Seenuvasamoorthy v. Union of India, Rep. by The Chief Secretary
2014-08-04
M.SATHYANARAYANAN, SANJAY KISHAN KAUL
body2014
DigiLaw.ai
Judgment : 1. The petitioner has filed the Public Interest Litigation alleging that the Government authorities are doing exactly the same thing, which they alleged against the private parties in the year 2008 and even a charge sheet was filed in that behalf. In 2008, a gravel road was alleged to have been laid on the foreshore land of Kunichampet Pazhaya Eri. This was alleged to be amounting to conversion of foreshore land into road, which would ultimately affect the surplus water during the flood season and no permission had been obtained from the Executive Engineer of the Irrigation Division. 2. It is the case of the petitioner that on 01.07.2014, a complaint was made to the Chief Secretary, Government of Puducherry, where, once again a road being built and the conversion of the catchment area of Eri into lay out proposal. This representation has been dealt with by the office of the Executive Engineer, Irrigation Division, P.W.D. Puducherry, vide communication dated 22.07.2014, which reads as under: Sub: PW-ID-EEI-Petition received from Thiru V.Seenuvasamoorthy for the illegal proposal of laying approach road through the Eri bund to the Layout of R.S.No.206/4 @ Thirukannur Revenue Village, Mannadipet, Puducherry-Reply funished - Reg. Ref: Your letter no.-Nil-Dated:-Nil-. Referring to your petition cited above, it is informed that the existing inspection track over the foreshore bund of Kunichampet Pazhaya Eri is proposed to provide a layer of gravel for the inspection of the Irrigation Division, PWD and also to be used by the farmers for their cultivation activities. Further it is also stated that the above proposed road is to be provided without closing any of the catchment area of Eri and also not favour to any plot/ layout promoters of the said area as alleged by you." 3. The stand as taken in the aforesaid letter is that the catchment area is not to be affected in any manner whatsoever and thus, the apprehension of the petitioner is not borne out. 4. In view of the aforesaid stand, we are of the view, that the present petition is not liable to be entertained, but the respondents will be bound by what they have stated in the letter dated 22.07.2014 and ensure that the catchment area is not affected by any such construction. 5. Writ Petition stands disposed of, with the aforesaid observation. No costs. Consequently, M.P.No.1 of 2014 is closed.