Babu Raja Aqua Products v. The Chief Engineer, Wrd

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.20368 and 20372 of 2025 Babu Raja Aqua Products Rep by its Managing Partner, Babu Raja, 18/65, Perumalpatti Pillayarkovil Street, Srivilliputhur, Virudhunagar.

... Petitioner Vs.

1.The Chief Engineer, WRD, State Ground and Surface Water Resources Data Centre, Public Works Department, Tharamani, Chennai.

2.The Executive Engineer, Ground Water Division, Virudhunagar.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire record relating to the order of the proceeding of the 2nd respondent in Kaditha No.253-A-4/OO.EE.(Ni)/ 1/6

Ni.OO.Ko/Virudhu/2025/dated 09.09.2025 and quash the same as illegal and direct the 1st respondent to issue ground water clearance to the petitioner's industry located in No.18/65, Perumalpatti Pillayarkovil Street, Srivilliputhur, Virudhunagar District. For Petitioner : Mr.J.Madhu For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader.

ORDER

Heard both sides.

2.A public interest litigation in W.P.(MD)No.12190 of 2019 was filed to take action against those entities exploiting underground water resources in Virudhunagar District. The writ petition was disposed of by the Hon'ble Division Bench on 02.07.2025 with a direction to the authorities to take action.

3.Admittedly, the writ petitioner is not having any license to run the water extraction unit as on date. That is why, the impugned notice dated 09.09.2025 was issued by the Assistant Director, Geological Sub2/6

Division, Virudhunagar. I cannot fault the said authority for having issued the impugned notice.

4.However, the following reliefs are given to the writ petitioner:

(1) While the authority can seal the borewell in question, the petitioner need not be called upon either to dismantle the unit or remove the same.

(2) The petitioner can move the concerned authority. As and when such an application is received, it shall be disposed of on merits and in accordance with law within a period of eight weeks thereafter.

(3) The petitioner can recommence the running of the unit after getting such license.

5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 22.09.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:

1.The Chief Engineer, WRD, State Ground and Surface Water Resources Data Centre, Public Works Department, Tharamani, Chennai.

2.The Executive Engineer, Ground Water Division, Virudhunagar.

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G.R.SWAMINATHAN, J.

ias 22.09.2025 6/6