Ramanathan R v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Ramanathan ... Petitioner Vs.

1.The Principal Secretary to Government, Public Works Department (PWD), Secretariate, Chennai.

2.The District Collector, Madurai District, Madurai.

3.The Assistant Director (Panchayath), Madurai, Madurai District.

4.The Revenue Divisional Officer, Devakottai, Sivagangai District.

5.The Assistant Executive Engineer (WRO), Public Works Department, Melur, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/6

1st respondent to issue the Government Order based on the Proposal submitted by the 2nd respondent vide letter dated 09.12.2023 in Na.Ka.No.1413/2023/A6 within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondents : Mr.R.Ragavendran, Government Advocate.

ORDER

Heard both sides.

2.The petitioner is a resident of Semmanipatti Village. He is a farmer by avocation. He is having agricultural lands. He is an ayakattuthar of a water body known as Karumbatchi Kanmai. The said water body now requires deepening. In this regard, the District Collector has already sent a proposal bearing Na.Ka.No.1413/2023/A6 dated 20.05.2024 to the first respondent. Government Order has to be issued. Since the proposal was not acted upon, this writ petition came to be filed. 2/6

3.When the matter was taken up for hearing, the learned Government Advocate on instructions from the fifth respondent submitted that the extent of the water body is below 40 hectares, it vests in the panchayat union concerned and that it does not vest in Water Resources Department (WRD).

4.This submission is no doubt sound. But then, the proposal of the District Collector itself is for including the water body as a PWD tank. Therefore, it is the first respondent who has to take a call in the matter. I refrain from going into the merits of the matter. I only direct the first respondent to take a call on the proposal submitted by the District Collector, Madurai within a period of eight weeks from the date of receipt of a copy of this order.

5.This writ petition is disposed of accordingly. No costs. 24.11.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The Principal Secretary to Government, Public Works Department (PWD), Secretariate, Chennai.

2.The District Collector, Madurai District, Madurai.

3.The Assistant Director (Panchayath), Madurai, Madurai District.

4.The Revenue Divisional Officer, Devakottai, Sivagangai District.

5.The Assistant Executive Engineer (WRO), Public Works Department, Melur, Madurai District.

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G.R.SWAMINATHAN, J.

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