← Library
Madras High CourtWP/34614/2025disposed of

L.Balasubramanian v. The District Collector

2025-09-16Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WMP Nos.38799 and 38801 of 2025 L.Balasubramanian .. Petitioner -vs1. The District Collector, Coimbatore District, Coimbatore.

2. The Sub Collector, Pollachi, Coimbatore District.

3. The Chief Engineer, Water Resources Organization, Municipal Corporation Complex, Town Hall, Coimbatore.

4. The Assistant Director of Rural Development (Panchayat), Coimbatore, Coimbatore District.

5. The Block Development Officer (Village Panchayat), Pollachi South Panchayat Union, Pollachi, Coimbatore District.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the entire records relating to the impugned order passed by the 5th respondent in his proceedings Na.Ka.No.292/2023/B1, dated 27.05.2025 and quash the same and consequently directing the respondents to grant permission for digging Open Well and take water through pipeline to the Gomangalam Pudur Village, Pollachi Taluk, Coimbatore District. For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.M.Habeeb Rahman Govt. Advocate for RR 1 to 5 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The grievance as ventilated through this Public Interest Litigation is that the permission sought to dig well within a distance of 78 meters from the canal has been rejected and while rejecting the proposal, the interest of the local residents as far as the drinking water is concerned has not been kept in view.

2. Learned State counsel would submit that the permission could not be granted in view of proceedings of the Superintending Engineer,

Water Resources Organization, Public Works Department, Parambikulam, Aliyar Project, Pollachi dated 19.09.2011. He would submit that the validity of such action and the aforesaid proceedings of the Government has been upheld by a Division Bench of this Court in K.Rajendran and Others vs The Chief Engineer, Water Resources Organization, Public Works Department, Coimbatore Region, Coimbatore District and others, vide order dated 26.09.2023.

3. Upon consideration of submission of learned counsel for the parties, we find ourselves unable to remedy the plight of the local residents towards supply of drinking water through a well as sought by the petitioner. However, it may be open for them to approach the local authorities to make some alternative arrangement for supply of water. Petition is disposed of. There shall be no order as to costs. Consequently, the interim applications stand closed. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 16.09.2025 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(sra) To

1. The District Collector, Coimbatore District, Coimbatore.

2. The Sub Collector, Pollachi, Coimbatore District.

3. The Chief Engineer, Water Resources Organization, Municipal Corporation Complex, Town Hall, Coimbatore.

4. The Assistant Director of Rural Development (Panchayat), Coimbatore, Coimbatore District.

5. The Block Development Officer (Village Panchayat), Pollachi South Panchayat Union, Pollachi, Coimbatore District.

16.09.2025