P.Ashokkumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.6203 of 2020 and W.M.P(MD)No.5409 of 2020 P.Ashok Kumar ... Petitioner -vs1. The District Collector, Karur District.

2. The Tahsildar, Pugalur Taluk, Karur District.

3. The Executive Engineer, WRO, Ground Water Division, Trichy.

4. The Inspector of Police, Velyauthampalayam Police Station, Karur District.

5. The Inspector of Police, K. Paramathi Police Station, Aravakurichi Taluk, Karur District.

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6. The Superintendent of Police, Karur District.

7. Balasubramanian @ Engineer Mani.

8. Samiyappan

9. Subramani @ Vedi Subramani

10. Ponnusamy

11. Subramani

12. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennal 600 009.

13.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, 14.The Principal Secretary to Government, Fort St. George, 2/8

15.The Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort St.George, (R12 to R15 suo motu impleaded vide Court order dated 29.07.2020 in W.P(MD)No.6203 of 2020 by MSNJ & PRMJ) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus directing the respondents 1 to 6 to take appropriate legal action against the Respondents 7 to 11 for illegally extracting ground water in Athipalayam Village, Vettamangalam East & West Village and Kombupalayam Village, Pugalur Taluk, Karur District and further directing the respondents 1 to 6 to register criminal cases against the Respondents 7 to 11 for their illegal actions and also seize the Generators, Lorries and other materials used for the illegal extraction of ground water from their lands.

For Petitioner : Mr.K.Suresh For R1 to R3 : Mr.P.Thilak Kumar Government Pleader For R4 to R6 : Mr.T.Senthil Kumar Additional Public Prosecutor For R7 : Mr.Vijayshankar For R8 : No Appearance For R9 : Mr.Sreenivasan For R10 & R11 : Mr.J.Sathyaraj 3/8

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the writ petition is to direct the respondents 1 to 6 to take appropriate legal action against the Respondents 7 to 11 for illegally extracting ground water in Athipalayam Village, Vettamangalam East & West Village and Kombupalayam Village, Pugalur Taluk, Karur District and further directing the respondents 1 to 6 to register criminal cases against the Respondents 7 to 11 for their illegal actions and also seize the Generators, Lorries and other materials used for the illegal extraction of ground water from their lands.

2. Extraction of ground water for commercial purposes have been already regulated by the Government. Water is life. Preservation of water is of paramount importance. The water is capable of being stolen under law and the person who is stealing the water is liable to be prosecuted under criminal law for theft of water.

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3. The commercial usage of ground water without proper license from the authorities at no circumstances be permitted. Therefore, the authorities are bound to conduct inspection and identify illegal extraction of ground water for commercial purposes and close down the same and initiate appropriate actions against the offenders.

4. With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) (S.S.Y., J.) 15.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/8

To

1. The District Collector, Karur District.

2. The Tahsildar, Pugalur Taluk, Karur District.

3. The Executive Engineer, WRO, Ground Water Division, Trichy.

4. The Inspector of Police, Velyauthampalayam Police Station, Karur District.

5. The Inspector of Police, K. Paramathi Police Station, Aravakurichi Taluk, Karur District.

6. The Superintendent of Police, Karur District.

7. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennal 600 009.

8. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, 6/8

9. The Principal Secretary to Government, Fort St. George,

10. The Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - Chennai 600 009.

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S.M.SUBRAMANIAM, J.

and S.SRIMATHY, J.

rgm W.P(MD).No.6203 of 2020 and W.M.P(MD)No.5409 of 2020 15.07.2025 8/8