[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents not to form four way lane across Thottiyankulam Tank situates in Survey No.236, Alangulam Taluk, Tirunelveli District, by way of issuing a writ of mandamus.
2.The learned counsel appearing for the second petitioner has vehemently contended to the effect that the respondents have proposed to lay four way lane across Thottiyankulam Tank which situates in Survey No.236, Alangulam Taluk, Tirunelveli District. The proposal of the respondents would diminish capacity of water of the tank and also obstruct its free flow and under the said circumstances the present writ petition has been filed for getting the relief sought therein.
3.The learned Additional Advocate General appearing for the respondents has also equally contended to the effect that on the basis of the relief sought in the writ petition a team of experts, Anna University has examined the proposed road and after making thorough examination submitted their Reports and further the respondents have changed their original plan and the present plan is to erect pillars on the northern bund of the tank mentioned in the petition and the alternative proposal would not affect the water capacity of the tank and under the said circumstances the present writ petition deserves to be dismissed.
4.It is an admitted fact that on the basis of the original plan for laying four way lane and as per direction of this Court, a team belonging to Anna University has inspected the disputed area and after making thorough examination submitted their Reports and Plan, wherein it has been clinchingly stated that even if any road is formed in accordance with the original proposal, no diminution of water would arise.
5.In the additional counter filed on the side of respondents, at paragraph No.3, it is mentioned to the effect that the respondents have proposed to put up high level bridge along the Thottiyankulam Tank bund for a length of 200 metres.
6.As per alternative plan/proposal, this Court is of the view that the respondents are going to put up high level bridge by way of erecting pillars on the northern bund of the tank mentioned in the petition to a length of 200 metres. If the alternative proposal is carried out, this Court is of the considered view that no diminution of water would arise. Further the alternative proposal would not affect free flow of water. Under the said circumstances, this Court is not inclined to allow the present writ petition. However the following condition can be imposed.
7.In fine, this writ petition is dismissed without costs and the respondents are strictly directed to erect pillars on the northern bund of the tank mentioned in the petition without affecting the bund to a length of 200 metres. Further the respondents are strictly directed not to extend the length mentioned in their additional counter.
To
1.The Secretary, Department of Highways, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai ? 600 009.
2.The Project Director, Tamil Nadu Road Development Project ? II, No.171, South Kesava Perumalpuram, Greenways Road, Raja Annamalaipuram, Chennai ? 600 028.
3.The District Collector, Tirunelveli District, Tirunelveli.
4.The Special District Revenue Officer (Land Acquisition), Tamil Nadu Road Development Project-II, Tiruchirappalli.
5.The Divisional Engineer, Tamil Nadu Road Development Project-II, Tirunelveli.
6.The Executive Engineer, Water Resources Organization, Sittaru River Basin, Kudiyiruppu, Courtallam, Tirunelveli District.
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