Case Note & Summary
The petitioner, A.P. Suruli, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, challenging two letters dated 28.09.2021 issued by the second respondent, the Superintending Engineer, P.W.D., W.R.O., Periyar-Vaigai Basin Division, Madurai. These letters 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 these orders as arbitrary. The court noted that the impugned order was passed in pursuance of an interim order issued by the same court in W.P. Nos. 8957, 8967, and 8973 of 2020, which were still pending. The court heard the learned counsel for the petitioner, Mr. R. Suriyanarayanan; the learned Additional Government Pleader, Mr. S. Shanmugavel, for respondents 1 to 6; and Mr. S. Rajasekaran for the seventh respondent. After perusing the materials, 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, with no order as to costs, and the connected miscellaneous petition was closed.
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, dismissing the petition. (Paras 3-4)
Issue of Consideration
Whether the order cancelling permission to draw water 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 petition closed.
Law Points
- Writ of Certiorari
- Interim order
- Pending writ petition
- No infirmity
