High Court · 2025

W.P(MD)No.21170 of 2017 etc.,4.The Secretary, Public Works Department, Secretariat, Chennai.5.The Ministry of Water Resources, River Development and Ganga Rejuvenation, Government of India, New Delhi.6.The National Water Development Agency, 18-20, Community Centre, Saket, New Delhi-110 017.... Respondents[R1 is deleted vide Court order dated 13.06.2024 in W.P.(MD) No.21170 of 2017][RR5 & 6 are suo motu impleaded vide Court order dated 11.02.2019]PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent Cabinet Secretary to consider by representation date for Tamil Nadu Government to interlink connection of rivers, like Cauveri, Palaru, Vaigai, Thamiraparani, Vaipparu and Kundaru to save the farmer of Tamil Nadu based on the petitioner's representation dated 13.09.2017.For Petitioner:Mr.M.MuniasamyParty in personRespondent-1:Deleted vide order dt. 13.06.2024For RR3 & 4:Mr.VeerakathiravanAdditional Advocate Generalassisted by Mr.P.Thilakkumar,Government PleaderRR5 & 6:Not ready in notice2/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,W.P.(MD) No.4351 of 2019:A.Murugesan ... PetitionerVs.1.The Union of India, Rep., by its Secretary, Ministry of Water Resources, Shram Shakti Bhawan, Rafi Marg, New Delhi-110 001.2.The State of Tamil Nadu, Rep., by its Principal Secretary to the Government, Fort St. George, Chennai-600 009.3.The Principal Secretary, Public Works Department, Fort St. George, Chennai-600 009.4.The Engineer in Chief, Water Resources Department, Office of Public Works Department, Chepauk, Chennai-600 005.5.The Chief Engineer, Water Resources Department, Plan Formulation, Chepauk, Chennai-600 005.6.The Chief Engineer, Water Resources Department, Trichy Region, Trichy-20.7.The Chairman, Cauvery Technical Cell, No.406, Pantheon Road, Egmore, Chennai-8.3/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,8.The Director, Monitoring Directorate, Central Water Commission, R-81, TNHB Colony, West Velachery, Chennai-42.9.The District Collector, Office of the District Collectorate, Pudukottai.10.The District Collector, Office of the District Collectorate, Thiruchirapalli District.11.The District Collector, Office of the District Collectorate, Karur District.12.The Executive Engineer, Public Works Department, Water Resources Department, Plan Formulation, Trichy-1.13.The National Water Development Agency, New Delhi.... Respondents[R1 is deleted vide Court order dated 27.03.2025 in W.P.(MD) No.4351 of 2019][R13 is impleaded vide Court orderdated 14.03.2019]PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents herein to take immediate steps towards implementation of the intra-linking of rivers Cauvery, Agniyaru and South Vellar, by 4/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,building appropriate canals from the Mayanur Barrage constructed across Cauvery river in Mayanur Village, Krishnarayapuram Taluk, Karur District, within such time frame as may be fixed by this Court.For Petitioner:Ms.A.Arul JeniferRespondent-1:Deleted vide order dt. 27.03.2025For RR2 to 12:Mr.VeerakathiravanAdditional Advocate Generalassisted by Mr.P.Thilakkumar,Government PleaderFor R13:Mr.S.JeyasinghW.P.(MD) No.7281 of 2024:M.Muniasamy, M.A.B.L.,Advocate, High Court,Founder cum Managing Trustee,Tamil Nadu Legal Safety Movement,12/274, Kamuthi Road, Mudukulathur,Ramanathapuram District. ... PetitionerVs.1.The Director, The National Water Development Agency, Ministry of Water Research, Rural Developmentand Ganga Rejuvenation, Government of India, 18-20, Community Centre, Sakat, New Delhi-100 017.2.The Chief Secretary, Secretariat, Chennai, Tamil Nadu.5/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,3.The Additional Chief Secretary/Secretary, Water Resource Division, Public Works Department, Secretariat, Chennai.... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd respondent to interlink connection of rivers, like Cauveri, Palaru, Vaigai, Thamiraparani, Vaipparu and Kundaru to save the farmer of Tamil Nadu based on the petitioner's representation dated 07.03.2024.For Petitioner:Mr.M.MuniasamyParty in personFor R1:Mr.K.GovindarajanDeputy Solicitor General of IndiaFor RR2 & 3:Mr.P.ThilakkumarGovernment PleaderW.P.(MD) No.10336 of 2024:1.S.Joseph S/o.Savarimuthu2.S.Joseph S/o.Sebasthiyar3.P.Duraisamy4.N.Malathi5.P.Jeya Prakash6.A.Natarajan ... PetitionersVs.6/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,1.National Water Development Agency, Rep., by its Director General, Ministry of Jalsakthi, Department of Water Resources, River Development and Ganga Rejuvenation, Government of India, 18-20, Community Centre, Saket, New Delhi-110 017.2.Central Water Commission, Rep., by its Chairman, Sewa Bhavan, R.K.Puram, New Delhi.3.Ministry of Environment, Forest and Climate Change, Rep., by the Secretary to Government, 1st Floor, Agni Wing, Government of India, Indira Paryavaran Bhawan, Jorbagh Road, Aliganj, New Delhi-110 003.4.Water Resource Department, Rep., by its Engineer-in-Chief, Government of Tamil Nadu, Chepauk, Chennai-600 0055.The Principal Secretary and Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai-600 005.6.Public Works (N2) Department, The Principal Secretary to Government, Namakkal Kavingnar Maaligai, Fort St. George, Chennai-600 009.7/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,7.The District Collector, Pudukottai District.8.The Executive Engineer, Special Project Division, Water Resource Department, Pudukottai.9.The Special District Revenue Officer (Land Acquisition), Cauvery-Vaigai-Gundar Link Project, District Collectorate, Pudukkottai.10.The Special Tahsildar (Land Acquisition), Unit-1, Cauvery-Vaigai-Gundar Link Project, Keeranur, Pudukkottai District.11.The Special Tahsildar (Land Acquisition), Unit-2, Cauvery-Vaigai-Gundar Link Project, Keeranur, Pudukkottai District.... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned G.O.(Ms).No.101, dated 27.04.2020 passed by the 5th Respondent and quash the same and direct the 8th respondent to draw the Land Plan Schedule (LPS) as per the alignment approved by the 1st Respondent after conducting filed survey.For Petitioner:Mr.S.KumarRR1 to 3:Mr.K.GovindarajanDeputy Solicitor General of IndiaFor RR4 to 11:Mr.VeerakathiravanAdditional Advocate General8/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,assisted by Mr.P.ThilakkumarGovernment PleaderW.P.(MD) No.9251 of 2025:1.S.Joseph S/o.Savarimuthu2.S.Joseph S/o.Sebasthiyar ... PetitionersVs.1.The Special District Revenue Officer(Land Acquisition), Cauvery-Vaigai-Gundar Link Project, District Collectorate, Pudukkottai.2.The Executive Engineer, Special Project Division, Water Resource Department, Pudukottai.3.The Assistant Executive Engineer, Special Project Division, Water Resource Department, Pudukottai.4.The Revenue Divisional Officer, Iuppur Division, Pudukkottai District.5.The Special Tahsildar (Land Acquisition), Unit-1, Cauvery-Vaigai-Gundar Link Project, Keeranur, Pudukkottai District.6.The Special Tahsildar (Land Acquisition), Unit-2, Cauvery-Vaigai-Gundar Link Project,9/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc., Keeranur, Pudukkottai District.7.The Special Tahsildar (Land Acquisition), Unit-3, Cauvery-Vaigai-Gundar Link Project, District Collectorate, Pudukkottai.8.The Special Tahsildar (Land Acquisition), Unit-4, Cauvery-Vaigai-Gundar Link Project, District Collectorate, Pudukkottai.9.The Executive Engineer, PWD, Ground Water Division, Trichy.10.The Executive Engineer, PWD, Building Division, Trichy.11.The District Collector, Pudukottai District.12.The Water Resource Department, Rep., by its Engineer-in-Chief, Government of Tamil Nadu, Chepauk, Chennai - 600 005.13.The Additional Chief Secretary, Water Resources Department, Government of Tamil Nadu, Chief Secretariat, Fort St. George, Chennai - 600 009.14.The Director of Vigilance And Anti-Corruption, No.293, MKN Road, Collectors Nagar, Alandur, Chennai - 600 016.10/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,15.The National Water Development Agency, Represented by its Director General, Ministry of Jal Sakthi, Department of Water Resources, River Development and Ganga Rejuvenation, Government of India, No.18-20, Community Centre, Saket, New Delhi-110 017.... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents No.14 to consider the 1st petitioner's representation dated 24.02.2025 and investigate and take appropriate action.For Petitioner:Mr.S.KumarFor RR1 to 13 & 15:Mr.VeerakathiravanAdditional Advocate Generalassisted by Mr.P.T.ThiraviamGovernment AdvocateFor R14:Mr.T.Senthil KumarAdditional Public ProsecutorCOMMON ORDER[Order of the Court was made by S.M.SUBRAMANIAM, J.]These batch of writ petitions have been instituted mainly seeking the relief of interlinking of rivers by building appropriate canals. 11/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,2. Linking of river is a big scheme, which is to be implemented through expert's opinion and huge allocation of money is also required. It is a policy decision to be taken in the interest of the State by the Government and High Court in exercise of powers of judicial review cannot direct the Government to take such policy decision, which involves huge monetary expenditure, expertise and various other factors3. However, the Chief Engineer of Water Resources Department, Trichy Region filed a status report which reveals that 85% of the work has been completed in the first reach of Slice I and 88% of work has been completed in the second reach of Slice IV & V and the remaining are all in progress. Regarding land acquisition proceedings, developments have been narrated in the States. The lands are acquired and the authorities are in the process of settling the compensation to the owners of the lands. Various procedures are to be followed for implementing such huge process relating to intra-linking of rivers running to several kilometres. For the lands acquired, compensation are to be settled, disputes arising are to be resolved and therefore, Court cannot issue a direction as such sought for in these writ petitions for linking of rivers, since the effort had 12/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,already been taken by the State Government and is in progress. Since the Government states that the project is in progress and measures are taken to implement the project in all respects, keeping these writ petitions pending is unnecessary.4. It is brought to the notice of this Court that some writ petitions are filed for settling of compensation for the lands acquired. Regarding the settlement of compensation, writ petitions, if any, pending are to be decided by the Writ Court holding roster. 5. The writ petitions filed seeking alignment of the project cannot be entertained, since the expert's opinion regarding alignment cannot be gone into by High Court. High Court cannot substitute its views regarding the expert's opinion made for interlinking of rivers. Therefore, the relief sought for in these writ petitions are misconceived and falling beyond the realm of judicial review under Article 226. The Government is implementing the project in public interest, which requires no further adjudication.13/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,6. For the above reasons, these Writ Petitions stand dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [A.D.M.C., J.] 02.07.2025 Index:Yes/NoInternet:Yes/NoNCC:Yes/NoabrTo1.The Chief Secretary, Secretariat, Chennai, Tamil Nadu.2.The Secretary, Public Works Department, Secretariat, Chennai.3.The Principal Secretary to the Government, State of Tamil Nadu, Fort St. George, Chennai-600 009.4.The Principal Secretary, Public Works Department, Fort St. George, Chennai-600 009.14/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,5.The Engineer in Chief, Water Resources Department, Office of Public Works Department, Chepauk, Chennai-600 005.6.The Chief Engineer, Water Resources Department, Plan Formulation, Chepauk, Chennai-600 005.7.The Chief Engineer, Water Resources Department, Trichy Region, Trichy-20.8.The Chairman, Cauvery Technical Cell, No.406, Pantheon Road, Egmore, Chennai-8.9.The Director, Monitoring Directorate, Central Water Commission, R-81, TNHB Colony, West Velachery, Chennai-42.10.The District Collector, Office of the District Collectorate, Pudukottai.11.The District Collector, Office of the District Collectorate, Thiruchirapalli District.12.The District Collector, Office of the District Collectorate, Karur District.15/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,13.The Executive Engineer, Public Works Department, Water Resources Department, Plan Formulation, Trichy-1.14.The Director, The National Water Development Agency, Ministry of Water Research, Rural Developmentand Ganga Rejuvenation, Government of India, 18-20, Community Centre, Sakat, New Delhi-100 017.15.The Additional Chief Secretary/Secretary, Water Resource Division, Public Works Department, Secretariat, Chennai.16.The Director General, National Water Development Agency, Ministry of Jalsakthi, Department of Water Resources, River Development and Ganga Rejuvenation, Government of India, 18-20, Community Centre, Saket, New Delhi-110 017.17.The Chairman, Central Water Commission, Sewa Bhavan, R.K.Puram, New Delhi.18.The Secretary to Government, Ministry of Environment, Forest and Climate Change, 1st Floor, Agni Wing, Government of India, Indira Paryavaran Bhawan, Jorbagh Road, Aliganj, New Delhi-110 003.16/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,19.The Principal Secretary and Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai-600 005.20.The Principal Secretary to Government, Public Works (N2) Department, Namakkal Kavingnar Maaligai, Fort St. George, Chennai-600 009.21.The Executive Engineer, Special Project Division, Water Resource Department, Pudukottai.22.The Special District Revenue Officer (Land Acquisition), Cauvery-Vaigai-Gundar Link Project, District Collectorate, Pudukkottai.23.The Special Tahsildar (Land Acquisition), Unit-1, Cauvery-Vaigai-Gundar Link Project, Keeranur, Pudukkottai District.24.The Special Tahsildar (Land Acquisition), Unit-2, Cauvery-Vaigai-Gundar Link Project, Keeranur, Pudukkottai District.25.The Special District Revenue Officer(Land Acquisition), Cauvery-Vaigai-Gundar Link Project, District Collectorate, Pudukkottai.26.The Assistant Executive Engineer, Special Project Division, Water Resource Department, Pudukottai.17/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,27.The Revenue Divisional Officer, Iuppur Division, Pudukkottai District.28.The Special Tahsildar (Land Acquisition), Unit-3, Cauvery-Vaigai-Gundar Link Project, District Collectorate, Pudukkottai.29.The Special Tahsildar (Land Acquisition), Unit-4, Cauvery-Vaigai-Gundar Link Project, District Collectorate, Pudukkottai.30.The Executive Engineer, PWD, Ground Water Division, Trichy.31.The Executive Engineer, PWD, Building Division, Trichy.32.The Director of Vigilance And Anti-Corruption, No.293, MKN Road, Collectors Nagar, Alandur, Chennai - 600 016.18/19 https://www.mhc.tn.gov.in/judis W.P(MD)No.21170 of 2017 etc.,S.M.SUBRAMANIAM, J.andDR.A.D.MARIA CLETE, J.abrW.P(MD)Nos.21170 of 2017, 4351 of 2019,7281 and 10336 of 2024 and 9251 of 2025 02.07.202519/19