K.K.Ramesh, v. Government Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.K.Ramesh Petitioner(s) Vs

1. Government of India, Rep. by its Secretary, Ministry of Water Resources, No.412, Shram Shakti Bhawan, Rafi Marg, New Delhi 110 001.

2. The State of Tamilnadu, Rep. by its Chief Secretary, Secretariate, Chennai 600 009.

3. The Government of Tamilnadu, Rep. by its Secretary, Public Works Department and Water Resources Organization, Fort.St.George, Secretariat, Chennai 600 009.

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4. The Engineer - in - Chief, Water Resources Department, Chepauk, Chennai 5 (W.E.).

5. The Chief Engineer, Operation and Maintenance, Water Resources Department, Chepauk, Chennai 5 (W.E.).

6. The National Water Development Agency, New Delhi.

(R6 is impleaded vide Court order dated 14.03.2019).

Respondent(s) For Petitioner(s) M/s:

A.Radhakrishnan (Party-in-person) For Respondent(s) M/s:

Mr.P.Thilak Kumar Government Pleader for R1 to R11, R13 Mr.T.Senthil Kumar Additional Public Prosecutor for R12 Mr.S.Ramesh for R14 PRAYER :- To issue a Writ of Mandamus, directing 2nd respondent to instruct the 3 to 5 respondents to remove the accumulated mud, sludge and clay in 1. Aliyar Reservoir, 2. Amaravathidam, 3. Bhavanisagar Dam, 4. KallanaiDam, 5. 2/7

Kodiveridam, 6.Krishnagiridam, 7.Metturdam, 8.Papanasamdam, 9.Pechiparaireservoir, 10.Peunchanidam, 11.Sathanur Reservoir Dam, and undertake all necessary and imminent measures to raise the storage level of the 11 Dams on a war footing basis reckoning the scorching sun and parching land in order to improve the water storage to common man, farmers and cattle by considering the petitioner's representation dated 23.02.2017.

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM J.) The Writ on hand has been instituted to direct the second respondent to instruct the respondents 3 to 5, to remove the accumulated mud, sludge and clay in Aliyar Reservoir, Amaravathidam, Bhavanisagar Dam, Kallanai Dam, Kodiveri Dam, Krishnagiri Dam, Mettur Dam, Papanasam Dam, Pechiparai reservoir, Perunchani Dam, Sathanur Reservoir Dam and to undertake all necessary and imminent measures to raise the storage level of the 11 Dams on a war footing basis reckoning the scorching sun and parching land in order to improve the water storage to common man, farmers and cattle by considering the petitioner's representation dated 23.02.2017. 3/7

2. With reference to the relief sought for in the present writ petition, the petitioner-in-person submitted the copy of the order passed by the Division Bench in W.P (MD) No.12961 of 2018, dated 22.02.2024, wherein this Court directed the authorities to clear the mud and sludge in Vaigai Dam and necessary financial sanction is to be made when the water level of the Dam comes below 40 feet.

3. It is needless to state that Dams are to be protected and maintained for the benefit of the public at large. Mud and sludge to be periodically removed to preserve water during heavy rainy seasons. Since it is the duty mandated under the Constitution, the State has to take appropriate steps to ensure that the Dams are maintained properly and mud and sludge are removed periodically so as to maintain storage of water. The respondents are directed to initiate all necessary appropriate actions under the Statutes and Rules or the Scheme available for maintenance of Dams across the State of Tamil Nadu. 4/7

4. This writ petition stands disposed of. There shall be no order as to costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 12.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN To

1. Government of India, Rep. by its Secretary, Ministry of Water Resources, No.412, Shram Shakti Bhawan, Rafi Marg, New Delhi 110 001.

2. The State of Tamilnadu, Rep. by its Chief Secretary, Secretariate, Chennai 600 009.

3. The Government of Tamilnadu, Rep. by its Secretary, Public Works Department and Water Resources Organization, Fort.St.George, Secretariat, Chennai 600 009.

4. The Engineer - in - Chief, Water Resources Department, Chepauk, Chennai 5 (W.E.).

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5. The Chief Engineer, Operation and Maintenance, Water Resources Department, Chepauk, Chennai 5 (W.E.).

6. The National Water Development Agency, New Delhi.

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S.M.SUBRAMANIAM , J.

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

PKN ORDER MADE IN DATED : 12.06.2025 7/7