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‘No need for Law to meddle in Government works’
Closing a PIL seeking the State to build barrages (a type of dam) along the Kollidam river, the Madras High Court pointed out that such concerns fell directly under the State Govt’s jurisdiction
The Madras High Court has declined to intervene in issues like building barrages since such aspects fell within the purview of the State Government.
The first bench, comprising Chief Justice Sanjay Kishan Kaul and Justice Pushpa Sathyanarayana while closing a PIL seeking to direct the State to build barrages along the 110 km path of Kollidam river, a major water source to 13 districts, held that “In our view, the matter falls totally within the domain of the Government.
As to where a barrage should be made, what project should be undertaken, how funds should be allocated, it is for the Executive Government to consider.” The first bench also noting that the petitioner had earlier approached it on the matter, said aspects like these have to be examined by the Government and not by intervention of judicial proceedings.
It also held that “The petitioner is free to approach the concerned authorities without giving rise to any fresh cause of action in a PIL.” Advocate Rajendran, who had moved the PIL, had submitted that river Kollidam, the biggest branch of Cauvery, supplies drinking water to Chennai and underground water aquifer supplies water to 13 districts. But each year several TMCs of water overflows into the sea owing to lack of storage dams and barrages.
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