Mohanraj v. The Dist. Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.7657 of 2020 Mohanraj ... Petitioner -vs1.The District Collector Karur District Karur 2.The Assistant Executive Engineer Amaravathy Basin Division No.4 Public Works Department (Water Resource Department) Karur 3.The President Appippapalayam Village Panchayat Karur-3 4.The President Karuppampalayam Village Panchayat Karur

5.Asian Fabrics (P) Ltd., rep.by its Managing Director Ashok Ramkumar S.F.No.254/1, Karuppampalayam Village Appipalayam Post Karur District 6.Bagavathy Colors rep.by its Proprietor Kumar Karuppampalayam Village Appipalayam Post Karur District 7.Combi Colors rep.by its Proprietor AC.Muthuchamy Karuppampalayam Village Appipalayam Post Karur District 8.Naval Dyeing rep.by its Proprietor Stalin Puthunagar Therkutheru Karuppampalayam Village Appipalayam Post Karur District 9.Aruna Dyeing rep.by its Proprietor Rajendran Puthunagar, Therkutheru Karuppampalayam Village Appipalayam Post Karur District

10.Lucky, Coconut Coir Company rep.by its Proprietor Senthil Sri Ram Nagar, South Karuppampalayam Village Appipalayam Post, Karur District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 1st respondent to remove the encroachments made by the respondent 5 to 10 on the roads of Appipalayam Village and Karuppampalayam Village and thereafter lay the road by considering petitioner's representation dated 22.07.2020. For Petitioner :

Mr.S.Sekar For Respondents :

Mr.Om Prakash Government Advocate for R1 & R2 Mr.K.Suresh for R5 to R7 Mr.AN.Ramanathan for R8 & R9 No appearance for R3, R4 & R10

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted seeking a direction to the first respondent to remove the encroachments made by the respondents 5 to 10 on the roads of Appipalayam Village and Karuppampalayam Village and

thereafter lay the road by considering petitioner's representation dated 22.07.2020.

2. A large scale allegation of illegal extraction of river water has been raised by the villagers, which resulted in filing of the present writ petition.

3. This Court, by an order dated 18.07.2025, directed the authorities concerned to conduct a field inspection and ensure illegal extraction of water from river is completely prohibited.

4. Pursuant to the above interim order, a joint inspection was conducted by the District Collector and the Assistant Executive Engineer, respondents 1 and 2 respectively, on 23.07.2025. During the filed inspection, the authorities found that two water lines have been laid during the year 2001. However, the permission granted expired and the industry was closed and the pipelines are being used for providing drinking water to the people of the locality. In other words, the authorities have taken control of the pipelines and they are utilizing the same for providing drinking water to the people

residing in and around the locality.

5. Paragraph Nos.8 and 9 of the status report, dated 25.07.2025, filed by the first respondent, reads as under: "8. I humbly submit that, as a matter of fact, the drinking water has been supplied to the 313 house through the one water pipeline from out of the said two water pipelines. The said houses Sukkaliyur, Mattaparaipudur and are all situated Pothiyampallam.

9. I humbly submit that, it is pertinent to note that, the said one water pipeline from out of the said two water pipeline has laid with the Government water pipeline. The said two water pipelines are all not used by the said Respondent Nos.8 and 9 on nowadays and the said two water pipelines are all used by the Karuppampalayam Village Panchayat who is arrayed as Respondent No.4. The said two water pipelines are all very much used to the said Respondent No.4 during the period of Drought and water flow in the Amaravathy River."

6. Illegal extraction of river water is an offence and in the event of

carrying on any such illegal extraction of river water, criminal cases are to be registered. The status report of the first respondent shows that there is no illegal extraction of river water as of now. However, the authorities concerned are bound to monitor the activities in that location and ensure that no illegal extraction of river water is taken place. In the event of any such complaint in this regard, the same is to be addressed immediately and the offenders are to be prosecuted.

7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [A.D.M.C., J.] 25.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Karur District, Karur.

2.The Assistant Executive Engineer, Amaravathy Basin Division No.4,

Public Works Department, (Water Resource Department), Karur.

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE , J.

krk and W.M.P.(MD) No.7657 of 2020 25.07.2025