P. Balasubramanian v. Member Secretary, Pondicherry Ground Water Authority, Pondicherry
2021-08-06
P.D.AUDIKESAVALU, SANJIB BANERJEE
body2021
DigiLaw.ai
JUDGMENT : Sanjib Banerjee, J. (Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the first respondent to take necessary action against 2 to 4 respondents based on the petitioner representation dated 21.10.2019.) 1. The petitioner makes some grievance of the second to fourth respondents drawing groundwater in their industries without any or adequate permission and the consequent misery suffered by the local residents and farmers. 2. Ms.N.Mala appears and takes notice on behalf of the first respondent. Ms.Mala informs the court that the Secretary of the first respondent authority may be directed to look into the matter. 3. Accordingly, the petitioner is permitted to carry a fresh, detailed representation indicating the petitioner’s grievance to the first respondent within the next fortnight. The first respondent will, thereupon, conduct an inquiry upon due notice to the petitioner, the private respondents and any other person likely to be affected by the inquiry or the measures taken in pursuance thereof. The first respondent should forward a copy of his reasoned decision to the relevant persons within ten weeks of the receipt of the petitioner’s representation. 4. Since this order cannot be seen to have prejudiced the private respondents and the first respondent has been directed to give a reasonable opportunity of hearing to the private respondents, the matter is disposed of in their absence. 5. However, a copy of this order will be forwarded to each of the private respondents for such private respondents to be made aware thereof. 6. It is also recorded that the first respondent questions the motive of the petitioner in filing the writ petition. W.P.No.10947 of 2021 is disposed of. There will be no order as to costs.