Madras High CourtWP(MD)/11091/2025disposed of

Jayakumar S v. The Principal Secretary To Government

2025-04-30Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30/04/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.11091 of 2025 and WMP(MD) Nos.8255 and 8257 of 2025 Jayakumar S ... Petitioner Vs

1. The Principal Secretary to Government, Public Works Department, St.George Fort, Chennai..

2. The District Collector, Tenkasi District, Tenkasi..

3.The Superintending Engineer, Public Works Department, Water Resources Organization, Thamiraparani Basin Circle, Tirunelveli - 02..

4. The Executive Engineer, Public Works Department, Water Resources Organization, Chitraru Basin Division, Tenkasi - 627 802..

1/6

5. The Revenue Divisional Officer, Tenkasi Taluk, Tenkasi District..

6. Serman A

7. Muthukutti V

8. Ananth A ... Respondents PRAYER :- (Water Body). Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 to 3 and the 8th respondent from making any construction of bypass channel namely Excavation of a Bye-Pass Channel taking off from Kallampuli Tank supply Channel in fall point to Kulayaneri Tank Supply Channel in Poigai Village of Kadayanallur Taluk in Tenkasi District and consequently direct the respondents 1 to 3 to properly regulate the supply of water flowing from the 13th Madai of Sendaramaram Pappankal Channel of Kadayanallur Taluk, Tenkasi District to the Kallampuli Kanmoi and then to the Kulayaneri Kanmoi in accordance with the system of water supply along with irrigation channel in vogue since ancient times through the existing channels and maintain the water body and channels without encroachments. For Petitioner : Mr.M.Kannan For Respondents : Mr.P.Thilak Kumar for R1 to R5 Government Pleader 2/6

ORDER

(Order of the Court was made by S.SRIMATHY, J.) The writ petition has been filed for a mandamus to forbear the respondents 1 to 3 and the 8th respondent from making any construction of bypass channel namely Excavation of a Bye-Pass Channel taking off from Kallampuli Tank supply Channel in fall point to Kulayaneri Tank Supply Channel in Poigai Village of Kadayanallur Taluk in Tenkasi District and consequently direct the respondents 1 to 3 to properly regulate the supply of water flowing from the 13th Madai of Sendaramaram Pappankal Channel of Kadayanallur Taluk, Tenkasi District to the Kallampuli Kanmoi and then to the Kulayaneri Kanmoi in accordance with the system of water supply along with irrigation channel in vogue since ancient times through the existing channels and maintain the water body and channels without encroachments.

2. The contention of the petitioner is that the respondents 1 to 3 and the 8th respondent are making construction of bypass channel namely Excavation of a Bye-Pass Channel taking off from Kallampuli Tank 3/6

supply Channel in fall point to Kulayaneri Tank Supply Channel in Poigai Village of Kadayanallur Taluk in Tenkasi District. It is their contention that the official respondents are bypassing their village and therefore, the villagers are objecting to the outcome of the project.

3. However, the learned Government Pleader submitted that the project is approved and admitted that the villagers are objecting for the same.

4. In view of the said submission, the 5th respondent shall convene a peace committee meeting and shall take a decision thereon by giving due opportunity to the villagers and other parties, if any.

5. With the above direction, the writ petition is disposed of. No costs. Consequently connected Miscellaneous Petitions are closed. [J.N.B.,J] [S.S.Y.,J] 30.04.2025 NCC : Yes/No Index : Yes/No RR 4/6