Madras High Court
Arunachala Gounder vs P.Vengudusamy on 12 October, 2023
WA No.61 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
WA No.61 of 2021
and CMP No.546 of 2021
1. Arunachala Gounder
2. Manivannan .. Appellants
-vs-
1. P.Vengudusamy
2. The Sub Collector,
Pollachi, Coimbatore District.
3. The Tahsildar,
Taluk Office, Pollachi,
Coimbatore District.
4. The Executive Engineer,
Public Works Department,
Water Resources Organization,
Parambikulam Aliyar Project,
Makkinampatti Post, Pollachi Taluk,
Coimbatore District. .. Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent
against the order dated 18.08.2020 passed in W.P.No.9815 of 2016 on
the file of this Court.
For the Appellants : Mr.N.Umapathi
Page 1 of 4
https://www.mhc.tn.gov.in/judis
WA No.61 of 2021
For the Respondents : Mr.C.Prakasam for R-1
: Mrs.R.Anitha,
Spl. Govt. Pleader for RR 2 to 4
*****
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.N.Umapathi, learned counsel for the
appellants, Mr.C.Prakasam, learned counsel for respondent No.1 and
Mrs.R.Anitha, learned Special Government Pleader for respondent
Nos.2 to 4.
2. The first respondent had filed the writ petition for free flow
of water from Parambikulam canal. The writ petition was allowed by
the learned Single Judge by issuing necessary directions.
3. The learned counsel for the appellants submits that in fact
the appeal filed by the present appellants against the judgment and
decree of the Civil Court is pending and is now ripe for final hearing.
The respondent No.1 and the revenue officials should have kept on
hold further steps till the appeal is decided on merits. The respondent
No.1 does not have right.
https://www.mhc.tn.gov.in/judis
WA No.61 of 2021
4. The decree is already passed by the Civil Court way back in
the year 2014. The appeal is filed by the present appellants against
the said decree, however, there is no stay. The decree is operating.
In view of the decree passed by the Civil Court and as it stands
today, no further orders in the present appeal can be passed in
favour of the appellants.
5. Needless to state that the parties would be bound by the
judgment that is to be delivered by the Appellate Court in the
proceedings filed by the appellants. Till the judgment of the trial
Court holds good, the appellants and the authorities are bound by the
said judgment.
The writ appeal, accordingly, stands disposed of. There will be
no order as to costs. Consequently, C.M.P.No.546 of 2021 is closed.
(S.V.G., CJ.) (D.B.C., J.)
12.10.2023
Index : Yes/No
Neutral Citation : Yes/No
sra
https://www.mhc.tn.gov.in/judis
WA No.61 of 2021
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(sra)
To
1. The Sub Collector,
Pollachi, Coimbatore District.
2. The Tahsildar,
Taluk Office, Pollachi,
Coimbatore District.
3. The Executive Engineer,
Public Works Department,
Water Resources Organization,
Parambikulam Aliyar Project,
Makkinampatti Post, Pollachi Taluk,
Coimbatore District.
WA No.61 of 2021
12.10.2023
https://www.mhc.tn.gov.in/judis
