The Meenakshiamman Kanmoi v. The Chief Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.20924 of 2025 and W.M.P.(MD)No.16196 of 2025 The Meenakshiamman Kanmoi Neerinai Payanpaduthuvor Sangam, Rep. By its Member, M.Nadu Churuli, S/o.Mayandi Thevar, B.Ammapatti, Bodinayakanoor, ... Petitioner Vs.

1.The Chief Engineer, O/o.The Chief Engineer, Public Works Department, Madurai Division, Madurai District.

2.The Superintending Engineer, O/o.The Superintending Engineer, Public Works Department, Periyar Vaigai Basin Division, Madurai District.

3.The Executive Engineer (P.W.D) 1/6

Periyakulam, 4.The Assistant Executive Engineer (P.W.D), Theni District, Theni.

5.The Assistant Engineer (P.W.D), Bodinaickannur, 6.Rama Palanivelsamy High School, Rep. By its Secretary, I.Poongundran, Bodi-Meenatchipuram, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to forbear the respondents No. 1 to 5 from granting any permission to respondents No.6 for put up any construction across the channel situated in S.No.350 in B.Meenakshipuram village, Bodi Taluk, Theni District and consequently, direct the respondents No.1 to 5 to keep the channel free from any encroachment and construction and ensure free flow of water to Chettikulam Kanmoi and the same within the time frame fixed by this Court. For Petitioner :Mr.M.Mahaboob Fazil for M/s.Roy and Roy Associates For Respondents :Mr.A.Kannan Additional Government Pleader for R1 to R5 2/6

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for R1 to R5. Issuance of notice to R6 is dispensed with.

2. The case of the writ petitioner is that the sixth respondent wants to put up a bridge across the petition mentioned water channel. It is further stated that earlier, the bridge was illegally put up by the sixth respondent and that it was removed. The sixth respondent has filed W.P.(MD)No.503 of 2024 and a direction has been obtained for considering their application for putting up a bridge. The application submitted by the sixth respondent is presently pending before the Superintending Engineer, WRO, Madurai.

3. We make it clear that the writ petitioner is permitted to offer his objections before the second respondent within a period of two weeks from the date of receipt of a copy of this order. The second respondent will take into account the objections offered by the petitioner before passing final order on the application submitted by the sixth respondent. If any order granting permission by the second respondent is passed, copy of the same will be 3/6

immediately served on the writ petitioner herein. We have not gone into the merits of the matter. All the contentions of the writ petitioner are left open.

4. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 07.08.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The Chief Engineer, O/o.The Chief Engineer, Public Works Department, Madurai Division, Madurai District.

2.The Superintending Engineer, O/o.The Superintending Engineer, Public Works Department, Periyar Vaigai Basin Division, Madurai District.

3.The Executive Engineer (P.W.D) Periyakulam, 4/6

4.The Assistant Executive Engineer (P.W.D), Theni District, Theni.

5.The Assistant Engineer (P.W.D), Bodinaickannur, 5/6

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi W.P(MD)No.20924 of 2025 07.08.2025 6/6