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Madras High CourtWP/20917/2025disposed of

P.Muthusamy v. The Revenue Divisional Officer

2025-06-12Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH P.Muthusamy ..

Petitioner vs

1. The Revenue Divisional Officer Office of Revenue Divisional Officer Dharapuram, Tiruppur District.

2. The Tahsildar Dharapuram Taluk, Tiruppur District.

3. Lakshmi

4. Jayanthi

5. Jothimani ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus, directing the 1st respondent to consider the petitioner's representation dated 22.08.2024 for restoring the water course to enable the petitioner to get water under Amaravathi Ayacut Project to his land in R.S.No.154/1, 154/2 and 155/3 in Dhalavoipattinam Village of Dharapuram Taluk in Tiruppur District. For Petitioner : Ms.E.Shobana For Respondents : Mr.T.M.Rajangam Government Advocate for R1 & R2 Page No.1 of 6

ORDER

This writ petition has been filed for issuance of a writ of mandamus, directing the first respondent to deal with the representation made by the petitioner on 22.08.2024, wherein, the petitioner is seeking restoration of the water course to enable the petitioner to irrigate his lands.

2. Heard Ms.E.Shobana, learned counsel for the petitioner and Mr.T.M.Rajangam, learned Government Advocate for respondents 1 and 2.

3. The grievance expressed by the petitioner is that the petitioner is dependant upon the water that flows through the canal to irrigate his coconut grove. The private respondents have intentionally blocked the flow of water and as a result, the petitioner was not able to irrigate his lands. A complaint was given in this regard before the Alangiyam Police Station and it was taken on file in Petition No.193/2024 and it was enquired. Thereafter, the second respondent, through the communication dated 30.09.2024, directing the Revenue Page No.2 of 6

Inspector to conduct a spot inspection and to submit a report. Even thereafter, there was no action on the part of the official respondents. It is under these circumstances, the present writ petition came to be filed before this Court.

4. In the considered view of this Court, the dispute between the petitioner and respondents 3 to 5 is purely a civil dispute. However, the private respondents do not have any right to block the flow of the water in the water course. If any such attempt is made, the first respondent must act upon the same, since he is the Competent Authority to set right the grievance under the Tamil Nadu Irrigation Works (Construction of Field Bothies) Act, 1959.

5. In view of the above, there shall be a direction to the first respondent to deal with the representation made by the petitioner on 22.08.2024 to conduct an enquiry after affording an opportunity to respondents 3 to 5 and a final decision shall be taken within a period of four weeks from the date of receipt of a copy of this order. Page No.3 of 6

6. This writ petition is disposed of with the above directions. There shall be no order as to costs.

12.06.2025 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

drm Page No.4 of 6

To

1. The Revenue Divisional Officer Office of Revenue Divisional Officer Dharapuram, Tiruppur District.

2. The Tahsildar Dharapuram Taluk, Tiruppur District.

Page No.5 of 6

N.ANAND VENKATESH, J.

drm 12.06.2025 Page No.6 of 6