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Madras High CourtWP/5143/2026disposed of

P.Muthusamy v. The District Collector

2026-02-17Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2026

CORAM

THE HON'BLE Ms. JUSTICE P.T. ASHA WP No. 5143 of 2026 P.Muthusamy

...Petitioner

Vs

1. The District Collector, Tiruppur District, Tiruppur.

2. Lakshmi

3. Jayanthi

4. Jothimani ..Respondent(s) Prayer: This petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 1st respondent to dispose of his appeal dated 18.11.2025 preferred under Section 5 of the Tamil Nadu irrigation work (construction of field bothies) Act, 1959 within a stipulated time to be fixed by this Court.

For Petitioner(s):

Ms.E.Shobana For Respondent(s):

Ms.P.Aishwarya, Government Advocate

Order This petition has been filed for a mandamus directing the 1st respondent to dispose of the appeal dated 18.11.2025 preferred under Section 5 of the Tamil Nadu Irrigation Works (Construction of Field Bothies) Act, 1959 within a stipulated time to be fixed by this Court.

2.

The petitioner is a farmer owning agricultural lands in R.S. Nos. 154/1, 154/2 and 155/3 situated at Dhalavoipattinam Village, Dharapuram Taluk, Tiruppur District. The said lands come under the Amaravathi Ayacut and the petitioner has been drawing water since 1997 through Sluice No.28 of Chennakkalpalayam distributary of Amaravathi Branch Canal. The canal water reaches the petitioner's lands through the portion of land situated in R.S.No.154/1 belonging to Respondents 2 to 4. 3.

While so, due to previous enmity, the respondents 2 to 4 damaged the canal watercourse passing through their land, thereby preventing the petitioner from receiving irrigation water. When the petitioner had attempted to repair and align the watercourse, respondents 2 to 4 obstructed and threatened him. A police complaint was lodged on 24.08.2024, but no effective action was taken. The petitioner also made a representation to the Revenue

Divisional Officer on 22.08.2024. Since no action was taken, the petitioner filed W.P.No.20917 of 2025 seeking a direction to consider his representation. This Court directed the first respondent to conduct an enquiry and pass orders. 4.

Pursuant to the said direction, the Revenue Divisional Officer had passed an order restraining the respondents 2 to 5 from damaging the watercourse. However, the Revenue Divisional Officer further directed that the maintenance work could be carried out only with the consent of the respondents 2 to 4. Since the said condition is impracticable and unacceptable, the petitioner filed an appeal before the first respondent on 18.11.2025. However, the appeal has not been disposed of till date. Hence, the petitioner is before this Court.

5. Heard the learned counsel on both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, this Court, without expressing any opinion on the merits of the case, directs the 1st respondent to consider and dispose of the petitioner's appeal dated 18.11.2025 on merits and in accordance with law, within a period of two months from the

date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs.

17.02.2026 Index: Yes/No Speaking/Non-speaking order SRN To The District Collector, Tiruppur District, Tiruppur.

P.T.ASHA J.

SRN WP No. 5143 of 2026 17.02.2026