P.Subramani v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP Nos. 23785, 23790, 23897, 23904 of 2025
1. P.Subramani S/o.Palaniyappa Gounder Petitioner(s) Vs
1. The State Of Tamilnadu Rep. By Its Secretary, Public Works Department, Fort St. George, Chennai-09.
Water Resources Department, Fort St. George, Chennai.
Department, Chepauk Railway St, PWD Estate, Chepauk, Triplicane, Chennai-600 005.
Sericulture Department, Nethaji Nagar, Hasthampatty, Salem-636 007.
5.The District Collector, Coimbatore.
Respondent(s) WP No. 23790 of 2025
1. V.Duraisamy S/o.Vettai Udaiyar Petitioner(s) Vs
1. The State Of Tamilnadu Rep. By Its Secretary, Public Works Department, Fort St. George, Chennai-09.
Water Resources Department, Fort St.
George, Chennai.
Department, Chepauk Railway St, Pwd Estate Chepauk, Triplicane, Chennai-600 005.
Sericulture Department, Nethaji Nagar, Hasthampatty, Salem-636 007.
5.The District Collector, Coimbatore.
Respondent(s)
WP No. 23897 of 2025
1. K.Thangavel S/o. Kuppan Petitioner(s) Vs
1. The State Of Tamilnadu Rep. By Its Secretary, Public Works Department, Fort St. George, Chennai-09.
Water Resources Department, Fort St. George, Chennai.
Department, Chepauk Railway St, Pwd Estate Chepauk, Triplicane, Chennai-600 005.
Sericulture Department, Nethaji Nagar, Hasthampatty, Salem-636 007.
5.The District Collector, Coimbatore.
Respondent(s) WP No. 23904 of 2025
1. E Muthukumar S/o. Eswara Gounder Petitioner(s) Vs
1. The State Of Tamilnadu Rep. By Its Secretary, Public Works Department, Fort St. George, Chennai-09.
Water Resources Department, Fort St. George, Chennai.
Department, Chepauk Railway St, Pwd Estate Chepauk, Triplicane, Chennai-600 005.
Sericulture Department, Nethaji Nagar, Hasthampatty, Salem-636 007.
5.The District Collector, Coimbatore.
Respondent(s) PRAYER Call for the records pertaining to the issuance of the proceedings in G.O. Ms. No.94 Water Resources Department, dated 29.12.2023 on the file of the 2 nd respondent and quash the same as unjust, illegal and arbitrary and forbear the respondents from the obstructing the writ petitioner from drawing the water from the Bhavani river by means of 5Hp pump set for irrigation purposes. WP No. 23790 of 2025 PRAYER Call for the records pertaining to the issuance of the proceedings in G.O. Ms.
No.94 Water Resources Department dated 29.12.2023 on the file of the 2nd respondent and quash the same as unjust, illegal and arbitrary and forbear the respondents from the obstructing the writ petitioner from drawing the water from the Bhavani river by means of 5Hp pump set for irrigation purposes. WP No. 23897 of 2025 PRAYER call for the records pertaining to the issuance of the proceedings in G.O. Ms. No.94 Water Resources Department dated 29.12.2023 on the file of the 2nd respondent and quash the same as unjust, illegal and arbitrary and forbear the respondents from the obstructing the writ petitioner from drawing the water from the Bhavani river by means of 5Hp pump set for irrigation purposes. WP No. 23904 of 2025 PRAYER Call for the records pertaining to the issuance of the proceedings in G.O. Ms. No.
94 Water Resources Department dated 29.12.2023 on the file of the 2 nd respondent and quash the same as unjust, illegal and arbitrary and forbear the respondents from the obstructing the writ petitioner from drawing the water from the Bhavani river by means of 5Hp pump set for irrigation purposes.
Mr.M.Vijayamehanath For Respondent:
Mr.Alagu Gowtham Government Advocate for R1-5 COMMON ORDER The issues involved in all the writ petitions are common, and hence they are taken together and heard and disposed of by these common orders.
2. The petitioners have questioned the impugned Government Order passed in (link unavailable) No.94, Water Resources Department, dated 29.12.2023, and to forbear the respondents from restraining the writ petitioners from drawing water from the Bhavani river by means of a 5Hp pump set for irrigation purposes.
3. Heard Mr.M.Vijayamehanath, learned counsel for the petitioners and Mr.Alagu Gowtham, learned Government Advocate for the respondents 1 to 5 in all writ petitions.
4. The impugned Government Order has been passed cancelling the permission given to the petitioners only on the ground that the petitioners, who were supposed to utilise the water only for mulberry plants cultivation, have utilised it for planting other crops also. Therefore, since the condition prescribed while granting permission has been violated, the impugned Government Order was issued by the 2nd respondent.
5. On an earlier occasion, this Court had dealt with a similar writ petition filed in W.P.No.28438 of 2004 and batch, and in all these writ petitions, the permission granted for withdrawing water was cancelled on the very same ground. This Court interfered with the Government order mainly on the ground that there was no material to show that an opportunity was given to the concerned persons, and therefore, the Government order itself was in violation
of the principles of natural justice.
6. The very same reason will apply to the case on hand. According to the petitioners, since the petitioners have used the water for irrigation of crops other than mulberry crops, the petitioner could have been put on notice and given an opportunity, and thereafter, the order could have been passed. If this basic requirement is not satisfied, the impugned Government Order itself will suffer from a violation of the principles of natural justice.
7. The impugned Government Order was issued in the year 2023. The petitioners in the affidavit filed in support of the writ petitions have taken the ground that they were not aware of the issuance of this Government Order and they came to know of the same only after they approached the 2nd respondent to know the status of the inspection that was conducted by the 3rd and 4th respondents in their respective properties. Therefore, the delay in approaching this Court has also been properly explained in the affidavit.
8. In the light of the above discussions, this Court is inclined to interfere with the impugned Government Order in G.O. Ms. No.94, Water Resources Department, dated 29.12.2023 and the same is quashed.
9. There shall be a direction to the 2 nd respondent to issue notice to the petitioners, call for inspection, and a copy of the inspection report shall be
served on the petitioners, and thereafter, pass orders on its own merits and in accordance with law. This process shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
10. In the result, the writ petitions are allowed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. 03-07-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The State Of Tamilnadu Rep. By Its Secretary, Public Works Department, Fort St. George, Chennai09.
Water Resources Department, Fort St.
George, Chennai.
Department, Chepauk Railway St, Pwd Estate Chepauk, Triplicane, Chennai-600 005.
Sericulture Department, Nethaji Nagar, Hasthampatty, Salem-636 007.
5.The District Collector, Coimbatore.
WP No. 23790 of 2025 To 1.The State Of Tamilnadu Rep. By Its Secretary, Public Works Department, Fort St. George, Chennai09.
Water Resources Department, Fort St.
George, Chennai.
Department, Chepauk Railway St, Pwd Estate Chepauk, Triplicane, Chennai-600 005.
Sericulture Department, Nethaji Nagar, Hasthampatty, Salem-636 007.
5.The District Collector, Coimbatore.
WP No. 23897 of 2025 To 1.The State Of Tamilnadu Rep. By Its Secretary, Public Works Department, Fort St. George, Chennai09.
Water Resources Department, Fort St.
George, Chennai.
Department, Chepauk Railway St, Pwd Estate Chepauk, Triplicane, Chennai-600 005.
Sericulture Department, Nethaji Nagar, Hasthampatty, Salem-636 007.
5.The District Collector, Coimbatore.
WP No. 23904 of 2025 To 1.The State Of Tamilnadu Rep. By Its Secretary, Public Works Department, Fort St. George, Chennai09.
Water Resources Department, Fort St.
George, Chennai.
Department, Chepauk Railway St, Pwd Estate Chepauk, Triplicane, Chennai-600 005.
Sericulture Department, Nethaji Nagar, Hasthampatty, Salem-636 007.
5.The District Collector, Coimbatore.
N.ANAND VENKATESH J.
gd AND WP NO. 23790 OF 2025,WP NO. 23897 OF 2025,WP NO. 23904 OF 2025, 03-07-2025