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R.Shanmugavel v. The Chief Engineer (Agriculture)

2026-04-16Honourable Mr Justice D.Bharatha Chakravarthy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP(MD)Nos.5017, 5020 and 5023 of 2026 R.Shanmugavel .. Petitioner - Vs. - 1.The Chief Engineer (Agriculture), Engineering Department, No:487, Anna Salai, Lotus Colony, CIT Nagar, Chennai-600 035.

2.The Executive Engineer (Agriculture), Engineering Department, Office at 2nd Floor, JDA Office Building, Collectorate Campus, Sethupathi Nagar, Ramanathapuram-623503.

3.The Assistant Executive Engineer (Agriculture), Agriculture Department, No.5/339-A, Sowkathali Street, Paramakudi-623 707.

4.The Assistant Engineer, Agriculture, Kamudi, Block No:5/339-A, Sowkathali Street, Paramakudi-623 707.

.. Respondents 1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent in his proceedings in Ka.No.A.21/2025, dated 06.10.2025 and quash the same as illegal, arbitrary and in violation of the Government policey in G.O.No.183, dated 23.06.2025 of the Agricultural Engineering Department and consequently to direct the second respondent to consider the petitioner's application under KAVIADP scheme 2025-2026 without insisting upon the minimum 1 acre condition within stipulated time fixed by this Court. For Petitioner : Mr.R.Jothiraj For Respondents : Mr.P.Thambidurai Government Advocate

ORDER

The Writ Petition is filed challenging the impugned order dated 16.10.2025.

2. The grievance of the petitioner is that the Government of Tamil Nadu, vide G.O.No.183, dated 23.06.2025, had framed a scheme by which various subsidies and other benefits are conferred on eligible persons. One of the schemes of the Government is that individual Adi Dravida and Scheduled Tribes farmers are entitled for one borewell. The petitioner applied for the same. By 2/6

the impugned order, it is rejected by saying that in order to get the benefit under the said scheme, the petitioner has to have more than one acre of land and less than 5 acres of land and since the petitioner was only having 70 cents of land, that is less than one acre, his case is rejected. It is also further mentioned that since that extent is also in two survey numbers, which are distantly located, the water from one survey number cannot be taken to the other survey number. Aggrieved by the same, the present writ petition is filed.

3. The contention of the learned counsel for the petitioner is that, as a matter of fact, the petitioner is having more than one acre and only 69 cents in two survey numbers is alone being taking into account, whereas the petitioner has 1 acre and 60 cents in total. In any event, the qualification of a minimum of one acre is not found in G.O.No.183.

4. In reply thereof, the learned counsel appearing on behalf of the respondents would produce the copy of the Government order. It can be seen that the G.O., contains the scheme of the entitlement of a borewell for the Adi Dravida Scheduled Tribe farmers. There is no stipulation of minimum 1 acre. The petitioner has also produced the certificate containing the extent which he is having. Therefore, the application ought not to have been rejected on the 3/6

ground that the petitioner did not have the minimum extent of one acre. The same is also factually incorrect.

5. In view thereof, this Writ Petition is allowed on the following terms: (i) The impugned order dated 06.10.2025 is set aside and the matter is remanded back to the file of the second respondent for fresh consideration;

(ii) If the petitioner is otherwise entitled to, the petitioner's request shall be considered as and when 400 borewells are given for the next year as per the said Government order. No costs. Consequently, the connected miscellaneous petitions are closed. 16.04.2026 NCC : No sji 4/6

To 1.The District Collector, Office of the District Collector, Tirunelveli, Tirunelveli District.

2.The District Adi Dravidar and Tribal Welfare Officer, District Collector Office Campus, Tirunelveli, Tirunelveli District.

3.The Deputy Superintendent of Police- Crime Branch (CID), Office of the Deputy Superintendent of Police (CBCID), No.26 D, C Colony Perumalpuram, Tirunelveli-627 007 4.The Inspector of Police, Crime Branch (CID), South, CBCID, South, Tirunelveli District.

5/6

D.BHARATHA CHAKRAVARTHY, J.

sji and WMP(MD)Nos.5017, 5020 and 5023 of 2026 16.04.2026 6/6