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2024 DIGILAW 413 (MAD)

R. Viju v. Principal Secretary Public Works Department, Chennai

2024-03-01

MUMMINENI SUDHEER KUMAR, SANJAY V.GANGAPURWALA

body2024
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.