Madras High CourtWP/41874/2025disposed of with direction

V. Kaaliyannan v. The Government Of Tamilnadu,

2025-11-06Honourable Mr Justice M.Dhandapani9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI V.Kaaliyannan .....

Petitioner Vs 1.The Government of Tamil Nadu Rep. by the Principal Secretary Public Works Department, The Secretariat, St. George Fort, Chennai-600 009.

2.The Chairman Cum Managing Director Tangedco 6th Floor, Tantransco Building No.144, Anna Salai Chennai-600 002.

3.The Engineer-in-Chief (Water Resources and Organization) And Chief Engineer(General) Chepauk, Chennai-600 005.

4.The Chief Engineer Water Resources and Organization Town Hall, Coimbatore 5.The District Collector The District Collectorate Erode.

6. The Sub Collector Gobichettipalayam Erode District.

7.The Revenue Divisional Officer Office of the Revenue Divisional Officer Gobichettipalayam Erode District.

8.The Tahsildar Anthiyur Taluk Erode District.

9.The Superintending Engineer Tangedco, Edc/Gobi Tiruppur Road, Vettaikarankovil Nagadevanpalayam Post Gobichettipalayam Erode District-638 476 10.The Junior Executive Engineer Tangedco Gobichettipalaytam Erode District.

11.The Block Development Officer Block Development Office Anthiyur Taluk, Thavuttupalayam Anthiyur, Erode District 12.The Executive Engineer Bhavanisagar Dam Division Bhavani-638 451.

13.The Assistant Executive Engineer Water Resources and Organization Bhavani Division Bhavani-301, Erode District.

14.Dharmalingam 15.Uthirasamy

16.Kuppusamy 17.Shanthi 18.Nandhagopal 19.Nandhakumar 20.Deivasamy 21.Annadurai 22.Ruthramurthy 23.Arthanaari Gounder 24.Visalaakshi 25.Senthilkumar 26.Radhamani 27.Murugesan 28.Kumudham 29.Thangam 30.Shanmugasundaram 31.Dhanalakshmi 32.Maarasamy 33.Kumaravel 34.Easwaran 35.Malaichamy .....

Respondents PRAYER: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 13 to take appropriate action against the respondents 14 to 35 for the illegal tapping of water from the Bhavani river bed from the Wells situated in Sy Nos.107/1B, 98/1B, 98/1C, and 98/1D, Kuppaandapalayam Village, Anthiyur Taluk, Erode District.

For Petitioner : Mr.D.Nandhagopal For R1, R3 to R8 R11 to R13 : Mrs.S.Anitha Special Government Pleader R2, R9 & R10 : Mr.I. Syed Sigbhatulla Standing Counsel

R14 to R35 : Notice dispensed with

O R D E R

This writ petition has been filed, directing the respondents 1 to 13 to take appropriate action against the respondents 14 to 35 for the illegal tapping of water from the Bhavani river bed from the wells situated in Sy Nos.107/1B/98/1B, 98/1C, and 98/1D, Kuppandapalayam Village, Anthiyur Taluk, Erode District.

2. It is the case of the petitioner that he is the Ayacutdharar under the Lower Bhavani Project Canal (LBP). However, the private respondents have been illegally digging and operating an unauthorized Well in Sy.No. 107/1B, located merely 100 meters from the Bhavani River bed, a direct violation of PWD norms requiring a minimum distance of 250 meters. Furthermore, the respondents have been unlawfully tapping and extracting river water through the said well and pumping it to altered/combined wells in Survey Nos. 98/1B, 98/1C, and 98/1D using three merged electricity service connections (SC Nos. 312010968, 312010970, and 312010969). The extracted water is then sold commercially to other farmers for profit. Despite the petitioner, an affected agriculturist, lodging detailed complaints on 19.03.2025 and 05.10.2025 clearly delineating the statutory violations (including lack of necessary permits and

violations of Tamil Nadu Farmer's Management of Irrigation Systems Act, 2000), the public respondents have failed to discharge their constitutional duty to protect the public water resource and the river ecosystem. Hence, the present writ petition has been filed.

3. The learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the public respondents to consider the petitioner's representation within a reasonable time.

4. The learned Special Government Pleader appearing for the respondents 1, 3 to 8 & 11 to 13 would submit that the eighth respondent will consider the petitioner's representation and pass appropriate orders within a reasonable time as fixed by this Court.

5. Since no adverse order has been passed against the respondents 14 to 35, notice to the respondents 14 to 35 is dispensed with.

6. Considering the limited relief sought by the learned counsel for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the eighth respondent to consider the petitioner's representation, after

affording an opportunity of personal hearing to all concerned parties, and to pass appropriate orders on merits and in accordance with law, within a period of eight

(8) weeks from the date of receipt of a copy of this order. 7.With the above directions, this writ petition is disposed of. No costs. 06.11.2025 Index : Yes/No : Yes/No Speaking/non-speaking order uma To

1. The Principal Secretary Public Works Department, The Secretariat, St. George Fort, Chennai-600 009.

2.The Chairman Cum Managing Director Tangedco 6th Floor, Tantransco Building No.144, Anna Salai Chennai-600 002.

3.The Engineer-in-Chief (Water Resources and Organization) And Chief Engineer(General) Chepauk, Chennai-600 005.

4.The Chief Engineer

Water Resources and Organization Town Hall, Coimbatore 5.The District Collector The District Collectorate Erode.

6. The Sub Collector Gobichettipalayam Erode District.

7.The Revenue Divisional Officer Office of the Revenue Divisional Officer Gobichettipalayam Erode District.

8.The Tahsildar Anthiyur Taluk Erode District.

11.The Block Development Officer Block Development Office Anthiyur Taluk, Thavuttupalayam Anthiyur, Erode District 12.The Executive Engineer Bhavanisagar Dam Division

Bhavani-638 451.

13.The Assistant Executive Engineer Water Resources and Organization Bhavani Division Bhavani-301, Erode District.

M.DHANDAPANI, J.

uma

06.11.2025