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2026 Supreme(Online)(Mad) 34839

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
N.Suresh – Appellant
Versus
The State of Tamilnadu rep. by its Principal Secretary to Government, Public Works (N1) Department, Secretariat, Chennai – 600 009. – Respondent



Advocates:
For Petitioner: Mr.N.Manoharan
For Respondents: Mr.M.Rajendiran for R1 to R6 Additional Government Pleader, Mr.S.Kalaiselvan for R7

Court directs authorities to consider representation and conduct enquiry on alleged illegal water pipelines without merits adjudication.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought a Writ of Mandamus directing authorities to remove pipelines allegedly laid illegally by a private entity in violation of GO Ms.No.73 dated 24.02.2021, for unauthorized extraction of water from Raja Vaikkal. The petitioner, an agriculturist leasing adjacent lands, alleged water theft after making a representation on 20.12.2025 without response. The Court directed consideration of the representation without delving into merits. The key issue was whether authorities should act on the petitioner's representation regarding illegal pipelines and water theft. The Court observed the need for proper enquiry between parties before any action. The District Collector, Namakkal, shall consider the representation on merits, conduct enquiry, and pass orders within twelve weeks; writ petition disposed of without costs.

Table of Content
1. petition alleges illegal water pipelines violating go conditions. (Para 2)
2. directs district collector to enquire and decide representation. (Para 3)

Petition filed under Article 226 of theConstitution of Indiato issue a Writ of Mandamus directing the respondents 1 to 7 to remove the pipelines illegally laid by the eighth respondent underneath SF Nos.123/2 and 123/3, Vadakaraiyathur Melmugam Village, Paramathi Velur Taluk, Namakkal District to commit theft of water from the Raja Vaikkal to the Well in SF No.156/1A, in violation of the conditions imposed in GO Ms.No.73 dated 24.02.2021 issued by the first respondent, by considering petitioners representation dated 20.12.2025.

For Petitioner : Mr.N.Manoharan For Respondents : Mr.M.Rajendiran for R1 to R6 Additional Government Pleader Mr.S.Kalaiselvan for R7

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 to 7 to remove the pipelines illegally laid by the eighth respondent underneath SF Nos.123/2 and 123/3, Vadakaraiyathur Melmugam Village, Paramathi Velur Taluk, Namakkal District, to commit theft of water from the Raja Vaikkal to the Well in SF No.156/1A, in violation of the conditions imposed in GO Ms.No.73 dated 24.02.2021 issued by the first respondent, by considering petitioner’s representation dated 20.12.2025.

2.The learned counsel appearing for the petitioner submitted that the petitioner is an agriculturist doing active cultivation as a lease holder in the lands in SF Nos.123/2 and 123/3, Vadakaraiyathur Melmugam Village, Namakkal District by virtue of lease deed dated 06.08.2024 executed by P.Velusamy and the said lands are lying adjacent to Raja Vaikkal. The learned counsel further submitted that the eighth respondent without any permission is taking water directly from Raja Vaikkal and also collected Rs.12 Lakhs per acre from its members for supplying water for irrigation. In this regard, the petitioner made representation 20.12.2025 to the respondents 1 to 7, however, there is no response.

3.Considering the submissions made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the fifth respondent/ The District Collector, Namakkal, to consider the petitioner’s representation dated 20.12.2025, on merits and in accordance with law, conduct enquiry between the petitioner and the eighth respondent Sangam and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

4.The writ petition is disposed of. No costs.

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