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2025 Supreme(Online)(Mad) 75462

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable The CHIEF JUSTICE
R.THUYAMANI – Appellant
Versus
THE STATE OF TAMIL NADU – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA,

CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE G.ARUL MURUGAN

WP No.28579 of 2024

and WMP No.31161 of 2024

R.Thuyamani .. Petitioner

-vs-

1. The State of Tamil Nadu,

Rep. By its Secretary,

Public Works Department, Fort St. George, Chennai.

2. The Additional Chief Secretary cum Commissioner of Land Administration,

Ezhilagam, Chennai.

3. The Chief Engineer,

Public Works Department,

Chepauk, Chennai.

4. The District Collector,

Collectorate Buildings,

Palladam Road, Tiruppur.

5. The Sub Collector,

Kumaran Road,

Vallipalayam, Tiruppur.

6. The Chief Engineer, Public Works Department, Water Resources Organisation, Town Hall, Coimbatore, Coimbatore District.

7. The Superintending Engineer, Public Works Department, Water Resources Organisation, Parambikulam Basin Circle, Pollachi, Coimbatore District.

8. The Tahsildar, Pollachi Udumalpet Road, Palladam.

9. The Tahsildar, Tahsildar Office,(Tiruppur South), Sevanthapalayam, Tiruppur South, Tiruppur District.

10.The Executive Engineer, Tamilnadu Generation of Electricity and Distribution Corporation, (TANGEDCO), Udumalai Road, Palladam, Tiruppur District.

11.The Block Development Officer, Block Development Office, Pongalur Village Panchayat, Pongalur, Tiruppur District.

12.The President, Ugayanur, Panchayat Office, Ugayanur, Tiruppur District.

13.The President, Pongalur Panchyaat Office, Tiruppur.

14.The Inspector of Police, Avinashipalayam Police Station, Tiruppur.

15.Muthusamy

16.U.S.Palanisamy .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 14 to take appropriate action for removal of the pipe line underneath the lands which is illegally laid by the 15th & 16th respondents from S.F.No.470/1A1 of Alagumalai Village, enrooted through Pongalur and Ugayanur Panchayat which reach about 3 km to the lands situated in S.F.No.236, 237, 241/1, 242/1, 243/1 and 240/2A or any other lands in any other Panchayat villages without obtaining permission from the competent authorities and consequently direct the respondents 1 to 14 to take appropriate action for disconnecting the electricity connection made by the 15th and 16th respondents as per law and close the borewell to protect the source of drinking water to the villagers and public of Alagumalai and other villages.

For Petitioner : Mr.V.Raghavachari Senior Counsel for Mr.N.Umapathi For Respondents : Mr.E.Vijay Anand Addl. Govt. Pleader for RR 1 to 9 : No appearance for R-10 : Mr.M.Habeeb Rahman Govt. Advocate for RR 11 to 13 : Mr.E.Raj Thilak Addl. Public Prosecutor for R-14 : Mr.V.Elangovan, for RR 15 and 16 * * * * *

ORDER (Order of the Court was made by the Hon'ble Chief Justice)

This writ petition has been filed seeking a relief of removal of pipelines underneath the land laid by respondents 15 and 16 from S.F.No.470/1A1 of Alagumalai Village, en-rooted through Pongalur and Ugayanur Panchayat which reaches about 3 km to the land situated in S.F.No.236, 237, 241/1, 242/1, 243/1 and 240/2A as also to disconnect the electricity.

2. In the affidavit, which has been filed by the respondents, it is revealed that, in the enquiry, digging of borewell was found to be illegal and without necessary permission from the village panchayat and pipeline was laid underneath for transporting water through pipeline. Based on the complaint of the villagers, 9th and 11th respondents directed the President of the village panchayat to disconnect the illegal pipeline laid by 15th and 16th respondents and on

17.08.2024, the President of the Panchayat disconnected the pipeline. Again permission was sought by 15th and 16th respondents from 11th respondent to draw water to his lands in Survey Nos.236 and 237, Ugayanur vilalge for agricultural purpose. Thereafter, based on objections raised by the villagers, 11th respondent, vide order dated 03.10.2024, cancelled the permission granted in favour of 15th an

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