IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 05.06.2024 Pronounced on : 14.06.2024 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.12951 of 2021 and WMP.Nos.13760 & 14932 of 2021 M.Ramathaal ... Petitioner Vs.

1.The District Collector, Tiruppur District, District Collector Campus, Palladam Road, Karuppakavundanpalayam, Tiruppur 641 604

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Udumalpet, Tiruppur District 3.The Tahsildar, Office of the Tahsildar, Udumalpet Taluk, Tiruppur District 4.Vijayalakshmi

5.Gopalakrishnan

6.S.Devaraj ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 to 3 from granting any approval / permission for carrying water by laying pipelines underneath in private and public lands in the Periyavalavadi Village which is classified as 100 percentage Over Exploited A Category Block as per the Annexure the Government Order in G.O.(Ms).No.161 of Public Works (R2) Department dated 23.10.2019 to any person including the fourth the fifth respondents and consequently direct the respondents 1 to 3 to remove the illegal pipelines laid underneath village Street, pathway and poromboke lands for more than 1 ½ kilometers laid by the fourth respondent to carry water to and forth between the agricultural well situated in her land in SF.No.129/1 at Periyavalavadi Village, Udumalpet Taluk, Tiruppur District and the land belonging to the fifth respondent situated in SF.No.60/1, after conducting complete enquiry providing opportunity of hearing to the fourth respondent within the time stipulated by this Court based on the petitioner's representation dated 28.05.2021 and 31.05.2021.

(Prayer amended vide order dated 12.07.2021 made in WMP.No.14931 of 2021 in WP.No.12951 of 2021)

For Petitioner : Mr.M.Purushothaman For Respondents For R1 to 3 : Mr.S.J.Mohammed Sathik, Government Advocate For R4 to 6 : Mr.Subramanian for Mr.C.Jagadish

ORDER

This writ petition has been filed forbearing the respondents 1 to 3 from granting any approval / permission for carrying water by laying pipelines underneath private and public lands in Periyavalavadi Village as per GO.(Ms(.No.161 Public Works (R2) Department dated 23.10.2019 and also seeking for direction to respondents 1 to 3 to remove the pipelines laid underneath village street, pathway and poramboke lands by the fourth respondent.

2. The petitioner owns land to an extent of 4.97 acres in SF.No.129/2 in Periyavalavadi Village, Udumalpet, Tiruppur District. The fourth respondent owns land in SF.No.129/1 to an extent of 4.93 acres. Originally, both the lands belonged to one person and thereafter, the petitioner as well as the fourth respondent had purchased their respective lands. After purchase, there is a dispute between the petitioner and the fourth respondent in respect of the petitioner's easementary right to use traditional pathway on the eastern side of her property and also on the western side to access the public road abutting her land. In fact, civil suits are pending between them. The fourth and fifth respondents had laid pipeline to carry water between the land comprised in SF.No.60/1 belonging to the fifth respondent and the fourth respondent's land in SF.No.129/1 adjacent to the petitioner's land. According to the petitioner, because of drawing of water by the fourth and fifth respondents, the petitioner's well has become dry and the water is not sufficient to cultivate her land. Further, the case of the petitioner is that the fifth respondent has a small land admeasuring 10 cents adjacent to Vadabhoothinatham 7 tanks water reservoir about 1 ½ kilometers from his land in SF.No.60/1 in Periyavalavadi Village. From the said land, the fifth respondent dug a well and laid pipeline underneath poramboke and village road connecting the land owned by the fourth respondent comprised in SF.No.129/1 in Periyavalavadi Village. Therefore, the peti