Madras High CourtWP/45246/2025disposed of with direction

S.Selvakumar v. The District Collector

2025-11-21Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI S.Selvakumar Petitioner(s) Vs

1. The District Collector, The Office of the Collectorate, Coimbatore-18.

2.The Sub-Collector, The Office of the Sub-Collectorate, Pollachi-642 001.

3.The Tahsildar, The Office of the Tahsildar, Pollachi-642 001.

Respondent(s) PRAYER:- Petition filed under Article 226 of the Constitution of India, calling for the records in respect of impugned order vide Na.Ka. No.3371/ 2021/ Aa2 dated 16.10.2025 on the file of 3rd respondent and quash the same besides directing the respondents to repair the PVC Pipe so as to enable the petitioner to ensure the irrigation to the petitioner agriculture land. For Petitioner(s):

Mr.S.Nagarajan For Respondentss:

Mr.P.Ganesan Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the impugned order dated 16.10.2025, refusing to restore the PVC pipeline and for a direction to the respondents to repair the PVC Pipe so as to enable the petitioner to ensure the irrigation to the petitioner's agriculture land.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the agricultural land at Ward-H, Block No.6, Town Survey No.6/3A & 7/2 at T.Kottampatti, Pollachi Municipality, Coimbatore District. For the said agricultural land, the petitioner availed irrigation facility from Parambikulam Aliyar Project (PAP) Canal to feed water to his fields. The canal water was supplied to agricultural land from Sluice No.17, Branch Canal, Kallipalayam Branch canal and the petitioner getting water as a 1st turn to his fields once in a two year from the 4th zone of main canal. While so, in the year 2017, one M.Moorthy, his brother M.Sabapathy and S.Senthilvel, who are joint Ayacutdars in the above stated Sluice No.

17, illegaly closed the Arani Canal / Field Bhoothy irrigating to the petitioner land and stopped canal irrigation system by putting the concrete mixture thereby, the petitioner lodged a complaint before the Inspector of Police, Mahalingapuram on 21.11.2017 under Section 7(2) of the Tami Nadu Irrigation Works (Construction of Field Bothies) Act, 1959.

representation to the respondents to enquire as against the persons for blockage of the Field Bhooty, after three years on 21.08.2020. During the course of removing blockage by using JCB, the Revenue Authorities damaged the PVC pipe, through which, the petitioner draw water for his agricultural land. For restoration of the same, the petitioner filed a writ petition. Pursuant to the direction issued by this Court, the respondents conducted an enquiry, however, they refused to restore the PVC pipeline vide impugned order dated 16.10.2024. Challenging the same, the present writ petition is filed.

3. The learned counsel appearing for the petitioner would submit that admittedly, the Revenue Officials damaged the PVC pipeline which was laid by the petitioner in the common pathway. He would further submit that there is a civil dispute pending in between the petitioner and the said Moorthy in O.S.No.107 of 2025 on the file of the District Munsif Court, Pollachi with regard to the common pathway however, the suit is nothing to do with the litigation as the Revenue Officials damaged the pipe line and representation sent for restoration was not considered, hence, the petitioner prayed for appropriate orders.

4. The learned Additional Government Pleader appearing for the respondents would submit that admittedly there is a civil dispute in between the petitioner and one Moorthy pending on the file of the District Munsif Court,

Pollachi in O.S.No.107 of 2025 and without filing IA before the competent civil Court where the civil suit is pending, filing the present writ petition is not acceptable one. He would further submit that if there is any direction issued by the civil Court, the same will be complied with by the Revenue Officials.

5. This Writ Petition is disposed of without interfering with the impugned order passed by the respondent and with liberty to the petitioner to approach the Civil Court where the civil suit is pending. No costs. 21-11-2025 kkn Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector, The Office of the Collectorate, Coimbatore-18.

2.The Sub-Collector, The Office of the Sub-collectorate, Pollachi-642 001.

3.The Tahsildar, The Office of the Tahsildar, Pollachi-642 001.

M.DHANDAPANI J.

KKN 21-11-2025