IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.09.2017 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.22985 & 22986 of 2004 and W.P.M.P.Nos.27805 & 27806 of 2004 Amaravathi Old Ayacut Agriculturist Association (Regd.No.46/96) 45, Karur Main Road, Kallipalayam (Post) Erode District - 638 661, Rep. by its President Mr.K.K.Viswanathan. ... Petitioner in both WPs Vs.
1. The Secretary to Government, Public Works Department, Government of Tamilnadu, St.George Fort, Chennai - 600 009.
2. The District Collector Collectorate Buildings, Coimbatore District.
3. The Engineer-in-Chief & General, Public Works Department, Water Resources Department, PWD.Complex, Chepauk Chennai.
4. The Regional Chief Engineer, Water Resource Organisation, Pollachi Region, PWD Office Buildings, Town Hall Coimbatore - 641 001.
5. Executive Engineer, Public Works Department, W.R.O.
Karur. .. Respondents in both WPs Prayer in W.P.No.22985 of 2004 : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to release water from the Amaravathi Dam to the old ayacuts in the Districts of Coimbatore and Erode by strictly following the Reservoir operation rules for agricultural purposes as per the Amaravathi Reservoir Rules/Regulations in order to facilitate the members of the petitioner to carry on their agricultural operations during the period 2004-2005.
Prayer in W.P.No.22986 of 2004 : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from releasing or continue to release water from the Amaravathi Dam to the Amaravathi Main Canal (AMC) pursuant to the Government instructions dated 28.06.2004 violating the Amaravathi Reservoir Rules/Regulations.
For Petitioner in both WPs : Mr.N.Umapathi For Respondents in both WPs : Mrs.K.Bhuvaneshwari Government Advocate C O M M O N O R D E R Writ petitions have been filed to direct the respondents to release water from the Amaravathi Dam to the old ayacuts in the Districts of Coimbatore and Erode by strictly following the Reservoir operation rules for agricultural purposes as per the Amaravathi Reservoir Rules/Regulations in order to facilitate the members of the petitioner to carry on their agricultural operations during the period 2004-2005 and to forbear the respondents from releasing or continue to release water from the Amaravathi Dam to the Amaravathi Main Canal (AMC) pursuant to the Government instructions dated 28.06.2004 violating the Amaravathi Reservoir Rules/Regulations.
2. Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondents.
3. These writ petitions are filed in the year 2004 and after a lapse of thirteen years, this court do not find that anything would survive for adjudication in the writ petition. Accordingly, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. However, it is open to the petitioner to workout its remedy, if fresh cause of action arose.
20.09.2017 gv Speaking/Non-speaking order Index :Yes/No M.DHANDAPANI,J.
gv To
1. The Secretary to Government, Public Works Department, Government of Tamilnadu, St.George Fort, Chennai - 600 009.
2. The District Collector Collectorate Buildings, Coimbatore District.
3. The Engineer-in-Chief & General, Public Works Department, Water Resources Department, PWD.Complex, Chepauk Chennai.
4. The Regional Chief Engineer, Water Resource Organisation, Pollachi Region, PWD Office Buildings, Town Hall Coimbatore - 641 001.
5. Executive Engineer, Public Works Department, WRO. Karur.
W.P.Nos.22985 & 22986 of 2004 and W.P.M.P.Nos.27805 & 27806 of 2004 20.09.2017