R.Thiyagarajan v. Ministry Of Water Resources

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 23526 OF 2025

1. R.Thiyagarajan S/o.Rengasamy, Keezhaveli, Perungadambanur, Nagapattinam Taluk And District Petitioner(s) Vs

1. Ministry Of Water Resources Rep By Its Secretary, Water Resources Department, Secretariat, Fort St.George, Chennai 2.Chief Engineer Water Resources Department, Lower Cauvery Basin Circle, Thanjavur, 3.Superintending Engineer Water Resources Department, Plan Formulation Circle, Trichy 4.Executive Engineer

Water Resources Department, Plannings And Designs Division, Thanjavur 5.Executive Engineer Water Resources Department, Vennar Basin Division, Thiruvarur 6.District Collector Office Of The District Collector, Nagapattinam 7.Revenue Divisional Officer Office Of The Sub Collector, Nagapattinam 8.The Tahsildar Nagapattinam 9.The Director Indian Institute Of Technology-madras, Sardar Patel Road, Guindy, Chennai Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus forbearing the 1st to 5th respondent from constructing tail end dam at Uthamachozhapuram village at 7.88 kms from sea and consequently direct the 1 st to 5 th respondents to construct the tail end dam at an alternative site at Boothangudi at 3.K.M.from sea after getting report from the 9th respondent and pass orders.

For Petitioner(s):

Mr.T.Ananthasekar For Respondent(s):

Mr.E.Veda Bagath Singh Special Government Pleader

ORDER

This writ petition has been filed for the issue of writ of Mandamus forbearing the respondents from constructing tail end dam at Uthamachozhapuram Village at 7.88 km from sea and direct the respondents to construct the tail end dam at an alternative site at Boothangudi at 3 Km from sea after getting the report from the 9 th respondent.

2.

Heard Mr.T.Ananthasekar, learned counsel for the petitioner and Mr.E.Veda Bagath Singh, learned Special Government Pleader for respondents. 3.

The main grievance that was expressed by the learned counsel for the petitioner is that the area in question has many wet lands and they are dependent for water from Vettar river. The 1 st respondent had sanctioned for construction of a tail end regulator proposed to be constructed at Boothangudi village, Nagapattinam Taluk. The new proposed site is situated at the upstream of Vettar river and if the present proposal is carried forward by constructing the tail end dam at Uthamachozhapuram village at 7.88 km from sea, it will inundate the wet lands with sea water and as a result, will cause huge prejudice to the farmers.

4.

The petitioner made a representation dated 24.02.2025 to the District collector at the Public Grievance redressal day and the peace committee meeting was also thereafter conducted by the Tahsildar, Nagapattinam District. The same did not result in any decision. However, based on the report submitted on 09.04.2025, steps are being taken to construct tail end dam at Uthamachozhapuram village at 7.88 km from sea. It is under these circumstances, the present writ petition came to be filed before this Court. 5.

Taking into consideration the facts and circumstances of the case and considering the nature of grievance expressed by the petitioner and also taking note of the fact that the construction of the tail end dam is at the nascent stage, it will be more appropriate to direct the 6 th respondent to deal with the representation made by the petitioner on 24.02.2025 and have a consultation with the Public Works Department(PWD) to understand the grievance expressed by the petitioner and others on the proposed site where the tail end dam is constructed. A decision shall be taken within a period of four weeks from the date of receipt of the copy of this order. It goes without saying that the authorities must genuinely deal with the grievance and they should not make it a fiat accompli by informing the petitioner and others that already dam has been constructed substantially. When it involves public interest, the grievance of the villagers must be taken into consideration and it must be ensured that the public interest does not suffer. These observations shall be kept in mind by the 6 th

respondent.

6.

This writ petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 12-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Ministry Of Water Resources Rep By Its Secretary, Water Resources Department, Secretariat, Fort St.George, Chennai 2.Chief Engineer Water Resources Department, Lower Cauvery Basin Circle, Thanjavur, 3.Superintending Engineer Water Resources Department, Plan Formulation Circle, Trichy 4.Executive Engineer Water Resources Department, Plannings And Designs Division, Thanjavur 5.Executive Engineer Water Resources Department, Vennar Basin Division, Thiruvarur 6.District Collector Office Of The District Collector, Nagapattinam 7.Revenue Divisional Officer Office Of The Sub Collector, Nagapattinam 8.The Tahsildar Nagapattinam 9.The Director Indian Institute Of Technology-Madras, Sardar Patel Road, Guindy, Chennai

N.ANAND VENKATESH J.

rka WMP NO. 23526 OF 12-06-2025