High Court · 2025

WP No. 19114 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25-08-2025CORAMTHE HONOURABLE MRS.JUSTICE N. MALAWP No. 19114 of 20251. Chinnaiya VeerappanS/o. Chinnaiya Gounder, No.12, Appavu Street, Beerangimedu, Gingee-604202, Villupuram District.Petitioner(s)Vs1. The Secretary To GovernmentForest Department, St. George Fort. Secretariat, Chennai-600 009.2.The District CollectorOffice Of The District Collector, Villupuram, Villupuram District.3.The District Forest Officer (dfo)Office Of The Dfo, Villupuram, Villupuram District.4.The Executive Engineer (pwd)Wro, Lower Pennaiyar Basin Division, Villupuram, Villupuram District.1 https://www.mhc.tn.gov.in/judis WP No. 19114 of 20255.The Forest Range OfficerForest Range Office, Thiruvannamalai Road, Gingee, Villupuram District.6.The Assistant Engineer,Pwd, Wro Lower Pennaiyar Basin Sub-diviion, Gingee, Villupuram District.Respondent(s)PRAYERWrit petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the Respondents 1 to 6 take necessary steps to do dredge works, repair the hole in the sluice and restore the damaged lake bund and reconstruct the damaged surplus water retaining wall of the Valukkamparai lake, Valukkamparai-Sivuvadi Reserve Forest, under the control of Gingee Forest Range, Gingee Taluk, Villupuram District by considering the representation dated 17.01.2025.For Petitioner(s):Mr.V.R.AppaswameeV. VijayarajanS. ThiyagarajanA. TamilselvanT. PraveenS.R. GulshankumarFor Respondent: Dr.T.Seenivasan, Spl.GP for RR 1, 3 and 5Mrs.P.Vijayadevi, GA for RR 2, 4 and 62 https://www.mhc.tn.gov.in/judis WP No. 19114 of 2025ORDER(1)Dr.T.Seenivasan, learned Special Government Pleader accepts notice on behalf of the respondents 1, 3 and 5. Mrs.P.Vijayadevi, learned Government Advocate accepts notice on behalf of the respondents 2, 4 and 6. With the consent of the learned counsels on either side, the writ petition is taken up for final disposal at the admission stage itself.(2)The writ petition is filed for a mandamus directing the respondents 1 to 6 to take necessary steps to conduct dredge works, repair the hole in the sluice and restore the damaged lake bund and reconstruct the damaged surplus water retaining wall of the Valukkamparai lake, Valukkamparai-Sivuvadi Reserve Forest, under the control of Gingee Forest Range, Gingee Taluk, Villupuram District by considering the representation dated 17.01.2025.(3)The petitioner states that there is a lake namely Valukamparai lake situate on the boundary of Gingee – Sivuvadi reserve forest. The petitioner further states that the lake has been in existence for over 100 years and that the rainfall from Rajadesingu Hill and the surrounding hills and the forests is collected in Valukkamparai lake. The petitioner states that the farmers of 3 https://www.mhc.tn.gov.in/judis WP No. 19114 of 2025Valukkamparai lake use the water from the lake for cultivation. The petitioner further states that since the lake had not been repaired and dredged for a long time, the lake bank broke and there was a big hole in the sluice resulting in the rain water getting drained without being stored. The petitioner states that the flow of rain water from the lake through the sluice hole destroyed the crops and the agricultural products. Under the circumstances, the petitioner submitted a representation on 22.06.2019, to the respondents for dredging the said Valukkamparai lake, and to repair the river bank, the sluice holes and reconstruct the damaged retaining wall leading to surplus water culvert. The petitioner earlier submitted representations to which replies were given by the respondents. However, since no concrete action was taken, the petitioner sent a representation on 17.08.2024, requesting the respondents to dredge the said Valukkamparai lake, repair the river bank, the sluice hole and reconstruct the damaged retaining wall. Since there was no response from the respondents, the petitioner was constrained to file the above writ petition for the aforesaid relief.(4)Dr.T.Seenivasan, learned Special Government Pleader appearing for the 4 https://www.mhc.tn.gov.in/judis WP No. 19114 of 2025respondents 1, 3 and 5 on instructions submits that any non-forestry activity inside the reserve forest area requires prior approval of the Government of India under Section 2 of the Forest [Conservation] Act, 1980, which could be obtained only through the submission of a proposal in the Parivesh portal by the concerned User Agency. The learned Special Government Pleader, submits that the User Agency in the present case was the Public Works Department and therefore, the petitioner was informed vide letter dated 17.07.2025, that necessary proposal has to be submitted by the concerned User department [PWD] in the Parivesh Portal for obtaining statutory clearance. Learned Special Government Pleader, submits that no proposal was submitted in the Parivesh portal from the User Agency so far. He further submits that the Gingee Range Forest Officer had already submitted a proposal for restoration and strengthening works of Valukkamparai lake to the tune of Rs.1.0291 Crores and the said proposal was forwarded to Principal Chief Conservator of Forests [Head of Forest Force], Chennai, for necessary sanction on 21.08.2025. The learned Special Government Pleader therefore submits that the proposal is under consideration for sanction of 5 https://www.mhc.tn.gov.in/judis WP No. 19114 of 2025funds. He further submits that the User Agency namely the PWD, should be directed to submit the mandatory proposal in Parivesh portal for the purpose of obtaining statutory clearance from the Central Government. Learned Special Government Pleader therefore submits that the writ petition may be disposed of with a direction to the PWD to submit a proposal in Parivesh Portal for obtaining the sanction of the Central Government.(5)Heard the learned counsels on either side and perused the materials placed on record.(6)In view of the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1, 3 and 5, the writ petition is disposed of by recording the statement of the learned Special Government Pleader that the Gingee Range Forest Officer has already submitted a proposal for restoration and strengthening of the Valukkamparai Lake, to the Principal Chief Conservator of Forests, on 21.08.2025, and the said proposal is under consideration for sanction of funds. The learned Special Government Pleader's statement that the User Agency, i.e., PWD, has 6 https://www.mhc.tn.gov.in/judis WP No. 19114 of 2025to submit the mandatory proposal in Parivesh portal, so as to obtain the statutory clearances from the Central Government, is also recorded.(7)It is clear that the lake is in existence for more than 100 years, and that by efflux of time, a hole has developed in the sluice and further damage is caused to the lake bank. The same require immediate repair and unless such works are undertaken, the safety of the people will be seriously jeopardised. Accordingly, the respondents 4 and 6 are directed to submit the necessary proposal in Parivesh Portal, so as to obtain statutory clearances from the Central Government, for carrying out the subject works, once the funds are sanctioned by the Chief Conservator of Forests.(8)With the above observations and directions, the writ petition is disposed of. No costs.25-08-2025APIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No7 https://www.mhc.tn.gov.in/judis WP No. 19114 of 2025To1.The Secretary To GovernmentForest Department, St. George Fort. Secretariat, Chennai-600 009.2.The District CollectorOffice Of The District Collector, Villupuram, Villupuram District.3.The District Forest Officer (dfo)Office Of The Dfo, Villupuram, Villupuram District.4.The Executive Engineer (pwd)Wro, Lower Pennaiyar Basin Division, Villupuram, Villupuram District.5.The Forest Range OfficerForest Range Office, Thiruvannamalai Road, Gingee, Villupuram District.6.The Assistant Engineer,Pwd, Wro Lower Pennaiyar Basin Sub-diviion, Gingee, Villupuram District.8 https://www.mhc.tn.gov.in/judis WP No. 19114 of 2025N.MALA J.APWP No. 19114 of 2025 25-08-20259