1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition (MD)No.957 of 2011 and M.P.(MD)No.1 of 2011 Savarinathan ... Petitioner vs. 1.Union of India, New Delhi, Represented by its Secretary, Department of Civil Aviation, New Delhi-3. 2.The Chairman, Airport Authority of India, Sabtharjung Airport, New Delhi. 3.The Director of Airport, Trichirapalli Airport, Trichirapalli. 4.The Executive Engineer, Public Works Department (River Resource Scheme) River Irrigation Division, Trichirapalli. 5.The District Collector, Trichirapalli. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the impugned order of the fifth respondent Na.Ka.C1-69361- 2006, dated 18.12.2010 and quash the same and forbearing the respondents from acquiring the agriculture land in the Keezhakurichi village. For Petitioner : Mr.S.Muthukrishnan For Respondents 4&5 : Mr.R.Janakiramulu, Special Government Pleader. For 1st Respondent : Mr.K.K.Senthilvelan https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER R.SUBBIAH,J This writ petition is filed to issue a writ of Certiorarified Mandamus, to quash the order of the fifth respondent dated 18.12.2010 and to forbear the respondents from acquiring the agriculture land in the Keezhakurichi village. 2.The writ petition is filed as Public Interest Litigation by the resident of the Nathamadipatti village, aggrieved over the information received by him from the fourth respondent that there is a proposal to acquire the land for the purpose of extending the runway of Trichirapalli Airport. 3.It is the case of the writ petitioner that his village is situated east of Trichirappalli Airport. There is a Uyyakondan river running east to west adjacent to the eastern compound wall of the Trichirappalli Airport. On the eastern side of the above said river, uyyakonda canal is flowing, which the village people are using for agricultural purpose. There are fertile agricultural lands irrigated by the abovesaid river and the lands are situated 20 feet lower than the Uyyakondan river. The said river irrigating 32742 acres of land in Trichirapalli and Tanjore Districts and on an information received from the fourth respondent under Right to Information Act, the petitioner came to know that there is a proposal for the purpose of extending the runway of Trichirappalli Airport. Hence, the petitioner filed W.P.No.12793 of 2009 restraining the authority from taking agriculture lands for the extension of the Airport. But this Court by order dated 11.03.2010 disposed of the writ petition directing the District Collector, Trichirapalli to consider the representations submitted by village people of Keezhakurichi dated 18.06.2007 and 20.11.2009 stating that if the extension of airport is undertaken on the eastern side, it will greatly affect the agricultural lands . The fifth respondent, the District Collector on considering the representation submitted by the village people has passed an order dated 18.12.2010 stating that the extension of Trichirappalli Airport will be undertaken only on the eastern side of the Airport and the interest of the public would be taken into consideration at the time of expanding the runway. Aggrieved over the same, the present writ petition has been filed. 4.We have heard the submissions made by the learned counsel for the respective parties and perused the materials available on record. 5.Keeping the submissions made on either side in mind after carefully going through the materials available on record, we found that the fourth respondent had addressed a letter to the fifth respondent stating that by covering the Uyyakondan Canal by using slabs over the canal, the Airport runway could be extended and it is further stated in that letter that if the Director of Airport, sent a design to the Public Works Department, they could take appropriate decision in this regard. Based on the letter of the fourth respondent, the Collector has also passed an order in which he had stated that extension of Airport of run way is inevitable to improve the standard of airport and the alternative suggestions put forth by the petitioner thereby rejected. We do not find https://hcservices.ecourts.gov.in/hcservices/ 3 any infirmity in the order passed by the District Collector wherein it is specifically stated that the interest of the public would be taken into consideration at the time of expanding the runway. Therefore, we do not find any merit in the writ petition. No case has been made out warranting this Court to admit the writ petition. Hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The Secretary,Union of India, Department of Civil Aviation, New Delhi-3. 2.The Chairman, Airport Authority of India, Sabtharjung Airport, New Delhi. 3.The Director of Airport, Trichirapalli Airport, Trichirapalli. 4.The Executive Engineer, Public Works Department (River Resource Scheme) River Irrigation Division, Trichirapalli. 5.The District Collector, Trichirapalli. Writ Petition (MD)No.957 of 2011 09.02.2011 sms TR: 02.03.2011 : 3p/6c https://hcservices.ecourts.gov.in/hcservices/