IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 28.01.2025 Pronounced on : 14.02.2025 CORAM THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.19839 of 2020 and W.M.P.Nos.24505 & 24506 of 2020 N.Palanisamy .. Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary Public Works Department, Fort St. George, Chennai – 600 009.

2.The Chief Engineer, Public Works Department, Chepauk, Chennai – 600 005.

3.The District Collector, Salem District, Salem.

4.The Superintending Engineer, Public Works Department, (Water Resources Organization), Upper Cauvery Vadinila Vattam, Cherry Road, Kumarasamipatti, Salem – 636 007.

5.The President, Veerapandi Panchayat Union, Ariyanur, Salem District.

6.The Tahsildar, Salem (South), Maniyanur, Salem.

7.The Divisional Engineer, State Highways Department, Salem.

8.The Assistant Engineer, Tamil Nadu Generation and Electricity Distribution Corporation (TANGEDCO), Veerapandi, Salem District.

9.G.Shanmugasundaram

10.P.Subramani

11.R.Rathinavel ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 5^th respondent in proceedings in Na.Ka.No.16/2020/Vee. U dated 04.09.2020 and to quash the same and consequently, forbearing the respondents 9 to 11 from laying pipe lines beneath the Panchayat Road and Poramboke lands from S.Nos.256, 257, 272, 175/3, 166/4, 169/1, 157/1A, 157/2A, 157/2B, 158/2, 160/1, 122, 124, 125 and 115 at Veerapandi Village, Salem (South) in Salem District.

For Petitioner .. Mr.N.Umapathi For R1 to R4 & R6.. Mr.N.Naveenkumar, Govt. Advovate For R8 .. Mr.L.Venkatesh, Standing Counsel R9 and R11 .. Mr.V.P.Sengottuvel, Senior Counsel

ORDER

This Writ Petition has been filed in the nature of a Certiorarified Mandamus calling for the records of the 5^th respondent, the President, Veerapandi Panchayat Union, Ariyanur, Salem District in proceedings in Na.Ka.No.16/2020/Vee. U dated 04.09.2020 and quash the same and forbear the 9^th to 11^th respondents who are private individuals from laying pipe lines beneath the panchayat road and poromboke lands in S.No.258/3 and S.Nos.256, 257, 272, 175/3, 166/4, 169/1, 157/1A, 157/2A, 157/2B, 158/2, 160/1, 122, 124, 125 and 115 at Veerapandi Village, Salem (South) in Salem District.

2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner owns two acres of agricultural land in Kasiyankadu (Kasiyanthottam) at Veerapandi Village, Salem. It had been further stated that the river which passes through Veerapandi Village is Thirumani Mutharu. There is a check dam called Veerapandia Anaicuttu close to Uthamasolapuram Village. There is also a Raja Vaikkal which is taking water from Veerapandi Anaicuttu. This Vaikkal is a main source of water for irrigation. It had been further stated that the Public Works Department had constructed sluices in the main canal to let water into the Nanja land in Veerapandi Village. There are also two water sources from Kanjamalai Hills, one crossing Raja Vaikkal and another from Kanjamalai Hills leading to Koppam lake. It had been further stated that the river namely, Thirumani Mutharu and the Vaikkal namely, Raja Vaikkal and the lake namely, Koppam Lake are the main sources of water for irrigation and they are under the control of Public Works Department.

3.It had been further contended that the 10^th respondent, P.Subramani had dug a pit in the land adjacent to Raja Vaikkal and in connivance with the EB officials had laid a pipe line beneath the panchayat road. It is stated that this pit is within the prohibited distance from the vaikkal. The pipe line was laid connecting the pit to the lands of the 10^th respondent, situated more than

5 Kms away.

4.The writ petitioner had earlier filed W.P.No.18412 of 2019 seeking a Mandamus to remove the pipe lines which had been laid by the 9^th to 11^th respondents and by which pipe lines they tapped water from Raja Vaikkal to their lands. That Writ Petiti