B.Gopi v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.22022 of 2025 B.Gopi ... Petitioner Vs.
1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, St.George Fort, Chennai-600009.
2.The District Collector, Sivagangai District, Sivagangai.
3.The Chief Engineer, Public Works Department (WRO), Madurai Region, Madurai.
4.The Executive Engineer, Public Works Department (WRO), Sivagangai.
5.The Revenue Divisional Officer, Sivagangai, 1/6
6.The Tahsildar, Sivagangai Sub Division, 7.Sibi Universe Private Limited Company, Rep. By Balaji, Office at JMK Groups, No.46, Ramar Kovil Street, Ram Nagar, Coimbatore-641 009.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the Respondent Nos. 1 to 6 to take action against the 7th respondent Company who has encroached and damaged the water channel and bund of the Panaiyur Periya Kanmai in survey No.149 situated at Panaiyur Village, Sivagangai Taluk, Sivagangai District and to restore the same as of the original position in order to free flow of water to the said kanmai by considering the petitioner's representation dated 08.07.2025. For Petitioner :Mr.R.Anandha Raj For Respondents :Mr.A.Kannan Additional Government Pleader for R1 to R6
ORDER
Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the official respondents. Issuance of notice to the seventh respondent is dispensed with.
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2. The petitioner is a resident of Pillur Village. In his village, there is a large water body known as "Panaiyur Periya Kanmoi". It is comprised in Survey No.149.
3. The extract of the "A" register has been enclosed in the typed set of papers. It is seen therefrom that Survey No.149 has been classified only as water body. The petitioner alleges that the seventh respondent herein who has installed the solar plant had damaged the tank bund and also the inlet of the tank. In this regard, the representations have been sent to the various authorities including the District Collector.
4. The petitioner is directed to submit a representation addressed to the 4th respondent. Upon receipt thereof, the fourth respondent shall take action as per law. If the fourth respondent is satisfied that the tank bund has been damaged, it is his duty to restore the original condition. If it is found that the seventh respondent is the cause for the damage, cost also will be recovered from the seventh respondent. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 3/6
5. The Writ Petition is disposed of accordingly. No costs. [G.R.S., J.] [B.P., J.] 14.08.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, St.George Fort, Chennai-600009.
2.The District Collector, Sivagangai District, Sivagangai.
3.The Chief Engineer, Public Works Department (WRO), Madurai Region, Madurai.
4.The Executive Engineer, Public Works Department (WRO), Sivagangai.
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5.The Revenue Divisional Officer, Sivagangai, 6.The Tahsildar, Sivagangai Sub Division, 5/6
G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
rmi W.P(MD)No.22022 of 2025 14.08.2025 6/6