Case Note & Summary
The petitioner, M. Pitchaikani, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, challenging the order of the second respondent, the Superintending Engineer, P.W.D., W.R.O., Periyar-Vaigai Basin Division, Madurai, dated 28.09.2021. The impugned order cancelled the permission granted to the petitioner to draw water through a pipeline for non-irrigation lands. The petitioner sought a writ of certiorari to quash the order as arbitrary. The court observed that the impugned order was passed in pursuance of an interim order passed by this Court in W.P.Nos.8957, 8967 and 8973 of 2020, which were still pending. In view of this, the court found no infirmity or illegality in the order passed by the second respondent. Consequently, the writ petition was dismissed as devoid of merits, and the connected miscellaneous petitions were closed. No order as to costs.
Headnote
A) Writ Law - Certiorari - Cancellation of Permission - The petitioner challenged the order of the second respondent cancelling permission to draw water through pipeline for non-irrigation lands. The court held that the order was passed pursuant to an interim order in pending writ petitions and found no infirmity or illegality. The writ petition was dismissed as devoid of merits. (Paras 3-4)
Issue of Consideration
Whether the order cancelling permission to draw water through pipeline for non-irrigation lands is arbitrary and illegal.
Final Decision
The writ petition was dismissed as devoid of merits. No order as to costs. Connected miscellaneous petitions were closed.
Law Points
- Writ of Certiorari
- Interim order
- Pending writ petition
- No infirmity
