P.Moorthi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.02.2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY and W.M.P.Crl.(MD).No.246 of 2026 P.Moorthi ... Petitioner Vs 1.The District Revenue Officer, District Revenue Office, Dindigul District.

2.The Tahsildar, Tahsildar Office, Vedasandur Taluk, Dindigul Distrcit.

3.The Sub Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.

4.K.Selvaraj ... Respondents PRAYER :-This petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent 1/5

to provide police protection for forbearing the respondents not to fence in the water stream situated at Sukkampatti Village, Valavichettipatti Post, Vedasandur Taluk, Dindigul District, by considering the petitioner's representation dated 10.02.2026.

For Petitioner : Mr.S.Harish, Advocate.

For Respondents : Mr.M.Muthumanikkam (for R1 & R2) Government Advocate (Civil Side) A.S.Abul Kalaam Azad, (for R3) Government Advocate (Crl.Side)

ORDER

This petition has been filed for issuance of Writ of Mandamus directing the third respondent to provide police protection for forbearing the respondents not to fence in the water stream situated at Sukkampatti Village, Valavichettipatti Post, Vedasandur Taluk, Dindigul District, by considering the petitioner's representation dated 10.02.2026. 2.Admittedly, the fourth respondent is the owner of the land in Survey Nos. 120 and 123. The contention of the petitioner is that a water stream runs through the fourth respondent's land and the fourth 2/5

respondent is attempting to fence the same. The apprehension of the petitioner is that such fencing may hamper the free flow of water. Therefore, the petitioner seeks a direction of forbearance. 3.However, this Court is of the considered opinion that since the fourth respondent is the owner of the land, he is entitled to fence his property. Nevertheless, insofar as the stream is concerned, it is the property of the Government, even though it flows through private patta land. Hence, even if the fourth respondent fences the property, he shall leave the stream unobstructed and shall not interfere with the free flow of water.

4.Accordingly, the second respondent is directed to conduct an enquiry by calling both the petitioner and the fourth respondent and to pass appropriate orders on merits in accordance with law. The above observations shall be taken into account while passing such orders. 3/5

5.With the above directions, this Writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected Writ Miscellaneous Petition is closed.

20.02.2026 vsg TO 1.The District Revenue Officer, District Revenue Office, Dindigul District.

2.The Tahsildar, Tahsildar Office, Vedasandur Taluk, Dindigul Distrcit.

3.The Sub Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

S.SRIMATHY,J., vsg

ORDER

IN WP CRL.(MD) No.945 of 2026 Date :20.02.2026 5/5