Case Note & Summary
Two writ petitions under Article 226 of the Constitution of India were filed by individuals S. Sivaraman and M. Navaneethabalan seeking writs of mandamus to direct the authorities to run and re-open a Reverse Osmosis water purification plant situated at Thiruppattur Taluk, Sivagangai District. The plant had been installed in 2012 as part of a pilot project under the Technology Mission Cell (Water and Clean Energy) of the Department of Science and Technology, Government of India. The scheme envisaged that the Central Government would operate the plant for two years, after which the Village Panchayat would take over; however, the Panchayat failed to do so, leading the Central Government to extend the scheme for three more years. The extended period expired in 2017, and no further action was taken, leaving the plant in a state of disuse. The keys to the plant had been handed over to the Village Panchayat. The petitioners approached the High Court in 2018, contending that the plant was a public asset necessary for the supply of clean drinking water and should be revived. The Deputy Solicitor General appearing for the Central Government submitted that the scheme period had lapsed and that the responsibility had shifted to the Panchayat, which had not come forward; the Central Government could not be compelled to continue operations indefinitely. The court, presided over by Chief Justice K.R. Shriram and Justice V. Lakshminarayanan, observed that the project had become unviable and that no party was willing to take up the matter. In the interest of the villagers, the court proposed that the petitioners, who claimed to be acting in public interest, could approach the Panchayat, obtain the keys, and themselves run the plant voluntarily. The court clearly stated that this would not confer any ownership or rights on the petitioners, and they would act merely as ‘good samaritans’. No writ of mandamus was issued, and the petitions were disposed of accordingly without any order as to costs, with the connected miscellaneous petition closed.
Headnote
A) Constitutional Law – Writ of Mandamus – Public Interest Litigation – Revival of Defunct Water Purification Plant – Constitution of India, 1950, Article 226 – The Central Government scheme for water purification plants, installed in 2012, required the Village Panchayat to take over after two years, later extended, but the Panchayat did not take over and the plant fell into disuse. In a PIL seeking mandamus to run the plant, the court permitted the petitioners to contact the Panchayat, take the key, and run the plant voluntarily as ‘good samaritans’ to serve the villagers, without conferring any ownership or rights over the plant. Held that the petitioners have no right on the plant and would only act as good samaritans. (Paras 1-4).
Issue of Consideration
Whether a writ of mandamus should be issued to direct the respondents to run or re-open a defunct water purification plant under a Central Government scheme that had expired
Final Decision
Writ petitions disposed of without costs; petitioners permitted to contact the Panchayat, obtain the key, and run the plant voluntarily as good samaritans, without any ownership or right over the plant.
Law Points
- Legal points not extracted
- Writ of Mandamus
- Public Interest Litigation
- Scheme expiry
- voluntary operation of plant
- no right conferred
