A petitioner must apply for a No Objection Certificate under G.O.(Ms)No.142 for groundwater extraction for commercial purposes.

ORDER

The writ petition has been filed with a prayer not to interfere with the supply of water to needy persons from the petitioner’s borewell, situated in Survey No.169/52, Nanjikottai Village, Thanjavur District, based on his representation dated 21.01.2026.

2. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, it is seen that the petitioner has a borewell in the aforementioned survey number. The petitioner states that he is extracting water and utilizing the same for commercial purposes. Earlier, the borewell was sealed, and therefore, the petitioner seeks a direction that the authorities should not interfere with his activity.

3. The learned counsel for the petitioner also relied upon the order of the Division Bench of this Court in A.Balamaniraj vs. The Additional Secretary and others [W.P.(MD) No.20817 of 2023, dated 28.08.2023].

4. Per contra, the learned Special Government Pleader, taking notice on behalf of the respondents, submitted that the extraction of groundwater has been the subject matter of earlier litigation before this Court and that the policy of the Government in this regard was framed vide G.O.(Ms)No.142, Public Works (R2) Department, dated 23.07.2014, under the title “Regulations for Management of Groundwater and Issue of No Objection Certificate / License for Extraction of Groundwater in Tamil Nadu State.” Originally, the same was framed vide G.O. (Ms)No.52, Public Works Department, dated 02.03.2012, and thereafter, updated and amended vide G.O.(Ms)No.142, Public Works (R2) Department, dated

23.07.2014.

5. Under the said Government Order, any person who intends to extract groundwater for commercial purposes must specify the purpose and make an application for obtaining a No Objection Certificate from the Chief Engineer, Water Resources Department. The Government Order also provides that the supply of groundwater for industries that use water as a raw material, highly polluting industries, extraction from coastal areas, areas falling under the Palar Basin Rules, and extraction points falling within 50 meters are prohibited.

6. If there is no prohibition and the region is not affected by groundwater over-extraction, a No Objection Certificate will be granted. In fact, all the Firkas throughout the State of Tamil Nadu have been inspected, and a detailed report has been submitted by the appropriate committee. Based on the same, G.O.(Ms)No. 36, Water Resources (R1) Department, dated 18.07.2025, was issued classifying the Firkas as Over-exploited, Critical, Semi-critical, Safe, and Saline or Poor Quality. If the Firka in which the petitioner submits an application falls within the Safe category, due permission will be granted.

7. I have considered the rival submissions made on either side.

8. In view of G.O.(Ms)No.142, Public Works (R2) Department, dated

23.07.2014, the petitioner has to make an application to the Chief Engineer, State Ground and Surface Water Resources Data Centre, Water Resources Department, Chennai. However, the representation given by the petitioner seeking permission was addressed to the Executive Engineer, Water Resources Department.

9. Therefore, this writ petition is disposed of on the following terms: Within two weeks from the date of receipt of a web copy of this order, the petitioner shall make a fresh application along with all the necessary documents, as mandated under G.O.(Ms)No.142, Public Works (R2) Department, dated 23.07.2014, to the Chief Engineer, State Ground and Surface Water Resources Data Centre, Water Resources Department, Chennai. Upon receipt of such application, the same shall be considered in accordance with law and appropriate orders shall be passed within a period of twelve weeks from the date of receipt of the said application.

No costs.