← Library
Madras High CourtWP/31179/2025disposed of

Sami Gounder v. The District Collector

2025-08-21Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Sami Gounder S/o.Late Kuppanna Gounder ... Petitioner vs.

1. The District Collector, Collectorate, Erode 638 011, Erode District.

2.The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3.The Revenue Tahsildar Sathiyamangalam Taluk, Erode District.

4.The Executive Engineer, Water Resources Department, Bhavani Sagar Dam Division, Bhavani Sagar, Erode District. 5.The Divisional Officer (Highways), Constructions and Maintenance, Sathyamangalam, Erode District.

6.The Block Development Officer, Akkarai Negamam Panchayat Union, Sathyamangalam Taluk, Erode District.

7.Palanisamy S/o Kalianna Gounder 8.T. Vijayakumar S/o.Thimma Naicker Respondents Writ Petition filed under Article 226 of the Constitution of 1/4

India seeking issuance of a Writ of Mandamus directing the respondents 1 to 4 to take action against the respondents 7 and 8 for illegally laying pipelines in petitioner patta lands in SF Nos. 21/A and 21/B Akkarai Negamam Village, Sathyamangalam Taluk Erode District and also in Mettupalayam to Sathyamangalam highways Panchayat roads and the road margins, without getting required permission/NOC/Track Rent permit form the respondents 1 to 6 to take water through underground pipelines, by considering petitioner's representation dated 26.04.2025. For Petitioner : Mr.N.Manoharan For Respondents : Mr.R.Murthi, Government Advocate [R1 to R3] Mr.P.Ganesan, Additional Government Pleader [R4 & R5] Mr.K.Surendran, Additional Government Pleader [R6] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 to 4 to take action against the respondents 7 and 8 for illegally laying pipelines in the patta land belonging to the petitioner without getting the required permission from the authorities based on the representation made by the petitioner on 26.04.2025.

2. Heard Mr.N.Manoharan, learned counsel for petitioner, Mr.R.Murthi, learned Government Advocate appearing for respondents 1 to 3, Mr.P.Ganesan, learned Additional Government Pleader appearing for respondents 4 and 5 and Mr.K.Surendran, learned Additional 2/4

Government Pleader appearing for sixth respondent.

3. When the matter was taken up for hearing, learned Government Advocate appearing on behalf of respondents 4 and 5 produced the written instructions given by the Assistant Engineer wherein it is stated that the complaint given by the petitioner is under consideration and if any illegal tapping of water is found, the same will be removed by the Water Resource Department. The sixth respondent has also given written instructions to the effect that no permission was granted to the private respondents to lay any pipeline.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the respondents 2 and 4 to conduct enquiry and if it is found that the pipeline was illegally laid by the private respondents, necessary action shall be taken. This process shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order. Before taking the final decision, the private respondents shall be put on notice, heard and thereafter, a decision shall be taken.

N.ANAND VENKATESH, J 3/4

gm This writ petition is disposed of with the above direction. No costs.

21.08.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The District Collector, Collectorate, Erode 638 011, Erode District.

2.The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3.The Revenue Tahsildar Sathiyamangalam Taluk, Erode District.

4.The Executive Engineer, Water Resources Department, Bhavani Sagar Dam Division, Bhavani Sagar, Erode District.

5.The Divisional Officer (Highways), Constructions and Maintenance, Sathyamangalam, Erode District.

6.The Block Development Officer, Akkarai Negamam Panchayat Union, Sathyamangalam Taluk, Erode District.

4/4