Case Note & Summary
The dispute arose from a writ petition filed under Article 226 of the Constitution of India by the petitioners, who sought to restrain the 6th respondent, the Commissioner of Aranthangi Municipality, from drilling and exploiting water from ten bore wells located in the South Vellar River at Aalapiranthan Village, Pudukkottai District. The petitioners contended that the agricultural lands in the area relied on irrigation from local tanks and that the proposed bore wells would adversely affect this water source. An interim injunction was initially granted, but it was later vacated by a Coordinate Division Bench, which noted that the proposed drilling was within a safe extraction zone and aimed at providing water supply to the local population. The petitioners attempted to broaden their argument by referencing a counter affidavit from the Superintending Engineer, which suggested constructing a check dam to enhance groundwater levels. However, the court clarified that this suggestion was not a binding commitment and depended on various administrative factors. Ultimately, the court dismissed the writ petition, stating that the relief sought was no longer applicable following the vacation of the injunction. No costs were awarded.
Headnote
A) Constitutional Law - Writ of Mandamus - Restraining Water Extraction - Article 226 of the Constitution of India - Petitioners sought to restrain the 6th respondent from drilling bore wells, citing potential harm to irrigation sources. The court noted that the Coordinate Division Bench had vacated the interim injunction, allowing the drilling for public water supply, thus dismissing the writ petition. Held that the relief sought no longer survived (Paras 3-4).
Issue of Consideration
Whether the 6th respondent could be restrained from drilling and exploiting water from bore wells in the South Vellar River.
Final Decision
The court dismissed the writ petition, stating that the relief sought did not survive following the vacation of the interim injunction.
Law Points
- Writ of Mandamus
- Interim Injunction
- Water Resources Management
