Case Note & Summary
The writ petition was filed by three petitioners against several respondents, including government officials, seeking a writ of mandamus to prevent the 6th respondent from drilling and exploiting water from bore wells in the South Vellar River at Aalapiranthan Village, Pudukkottai District. The petitioners argued that the agricultural lands in the area relied on irrigation from local tanks and that the proposed bore wells would adversely affect this water supply. Initially, an interim injunction was granted, but it was later vacated by a Coordinate Division Bench, which found that the proposed drilling was necessary for providing water to the local population and that the extraction levels were within safe limits. The court emphasized that the opinion of the Superintending Engineer regarding the construction of a check dam 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 Ultimately, the court dismissed the writ petition, stating that the relief sought was no longer applicable following the vacation of the injunction.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, indicating that the drilling was for public water supply, thus the writ petition was dismissed. 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.
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
