Madras High CourtWP/9732/2026dismissed

Satha Konar v. The Additional Cheif Secretary / Principal Secretary

2026-03-11Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.10508 of 2026 Satha Konar ... Petitioner Vs.

1 The Additional Chief Secretary / Principal Secretary, Secretariat, Fort St.George, Chennai - 600 009.

2 The Chief Engineer, Secretariat, Fort St.George, Chennai - 600 009.

3 The Superintending Engineer, Secretariat, Fort St.George, Chennai - 600 009.

4 The District Collector, O/o.District Collector, Thiruvannamalai Town and Taluk, Thiruvannamalai District.

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5 The District Collector O/o.District Collector, Kallakurichi Town and Taluk, Kallakurichi District.

6 The Executive Engineer, Central Thenpennai Dam Division, Ramanar Ashramam, Thiruvannamalai Town and Taluk, Thiruvannamalai District.

7 The Assistant Executive Engineer, Sathanur Dam Sub Division, Sathanur Dam, Thanrampattu Taluk, Thiruvannamalai District.

8 The Assistant Engineer, O/o.Assistant Engineer, Kaspa Vanapuram, Thanrampattu Taluk, Thiruvannamalai District.

9 Satha Konar ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from interfering/ altering the water channel running through Survey No.29/2B and 29/2C situated at Murukkampadi Village, Vanapuram Taluk, Kallakurichi District based on the petitioner's representation dated 24.02.2026.

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For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr.M.Rajendiran for R1 to R8 Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus forbearing the respondents from interfering/ altering the water channel running through Survey No.29/2B and 29/2C situated at Murukkampadi Village, Vanapuram Taluk, Kallakurichi District based on the petitioner's representation dated 24.02.2026.

2.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the lands comprised in S.Nos.29/2A, 29/2C, 29/2D1A, 29/2D1B, 29/2D3, 29/2E, 29/2H situated at Murukkampadi Village and the lands comprised in S.No.37/5B of Athiyenthal Village, Vanapuram Taluk, Kallakurichi District. The lands in Murukkampadi Village and Athiyenthal Village depends on the water that comes from the Venpennai River through the Sathanur Dam. Since there was no water channel for the water to reach the lake located at S.No.36 of Athiyenthal Village, the petitioner formed a water 3/7

channel to pass through the land in S.No.29/2B belonging to the ninth respondent and S.No.29/2C belonging to the petitioner. 3.The learned counsel appearing for the petitioner further submitted that the ninth respondent with an intent to grab the petitioner's lands in S.No.29/2C, approached the respondents 6 to 8 to divert the water channel's flow and the respondents 6 to 8 came to the said lands and insisted the petitioner to divert the flow of the water channel. In this regard, the petitioner made representation dated 24.02.2026 to the official respondents, however, the respondents without issuing any notice and without conducting any enquiry, decided to change the water channel. Hence, this Court may issue direction to the official respondents to consider the petitioner's representation and to pass appropriate orders. 4.

The learned Additional Government Pleader submitted that the petitioner destroyed the water channel in S.No.37/5B and formed water channel in his lands in S.No.29/2C and further submitted that the petitioner himself admits that he diverted the water channel without permission from the Revenue Officials and further submitted that the petitioner have no right to divert the water channel.

5.The issues involved in this writ petition are all disputed questions of fact which cannot be decided under Article 226 of the Constitution of India and can be adjudicated only before the competent civil Forum and hence the remedy available to the petitioner is before the competent civil Forum. 6.The writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

11.03.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 The Additional Chief Secretary / Principal Secretary, Secretariat, Fort St.George, Chennai - 600 009.