Case Note & Summary
The petitioner, M. Krishnakumar, 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. The impugned orders 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 heard the learned counsel for the petitioner, Mr. R. Suriyanarayanan, and the respondents, represented by Mr. S. Shanmugavel (Additional Government Pleader for respondents 1-4) and Mr. R. Deenadhayalan (for respondents 5-6). Upon perusal of the materials, the court observed that the impugned order was passed in pursuance of an interim order dated earlier by this court in W.P. Nos. 8957, 8967, and 8973 of 2020, which were still pending. The court found no infirmity or illegality in the order passed by the second respondent, as it was merely implementing the interim directions of the court. Consequently, the writ petition was dismissed as devoid of merits, with no order as to costs, and the connected miscellaneous petitions were closed.
Headnote
A) Writ Law - Certiorari - Cancellation of Permission - The petitioner challenged the cancellation of permission to draw water through pipeline for non-irrigation lands. The court held that since the impugned order was passed pursuant to an interim order in pending writ petitions, there was no infirmity or illegality, and the writ petition was dismissed. (Paras 3-5)
Issue of Consideration
Whether the order cancelling permission to draw water through pipeline for non-irrigation lands, passed pursuant to an interim order in pending writ petitions, suffers from any infirmity or illegality.
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 in order passed pursuant to interim directions
