Landowner liable for compensation for property damage caused by unauthorized explosives in well-digging.

ORDER

The relief sought in this Writ Petition is to direct the Respondents 1 to 5 to forbear the 6^th Respondent from digging the well in his lands comprised in S.F.No.199/1A of Vilamarathupatti Village, Periyapaapanuthu Panchayat, Udumalpet Taluk, Tiruppur District, by considering the Petitioners’

Representation dated 12.11.2020.

2. The learned counsel for Petitioners submitted that 6^th Respondent is digging a Well in his land comprised in S.F.No.199/1A situated at Vilamarathupatti Village, Periyapaapanuthu Panchayat, Udumalpet Taluk, Tiruppur District, by using the powerful explosives. The 6^th Respondent’s land is situated very nearer to the Petitioners’ house. Since the 6^th Respondent is digging the Well deeper and deeper by using the powerful explosives, many cracks have been developed in the walls of Petitioners’ house which would damage the walls of their house. The Photographs which have been enclosed in the form of typed set of papers in this Writ Petition would show that how the cracks have been developed in the Petitioners’ house walls. Therefore, Petitioners made a Representation dated 12.11.2020 to the 1^st Respondent, requesting to take necessary steps for protecting their house from further damages, but, there was no response for the said Representation. Hence, left with no other alternative, Petitioners have filed this Writ Petition for the relief stated supra.

3. The learned Special Government Pleader appeared on behalf of Respondents 1 to 5 submitted that the Well digging work which was carrying on in the land of 6^th Respondent has already been completed and presently, 6^th Respondent is not digging any well in his land.

4. The above submission made by the learned Special Government Pleader has been fairly conceded by the learned counsel appeared for 6^th Respondent.

5. Heard the learned counsel on either side and perused the materials available on record.

6. The main contention of the Petitioners is that 6^th Respondent is digging a Well in his land by using the powerful explosives; since the said land is nearer to the Petitioners’ house, due to the usage of powerful explosives in the Well digging work, many cracks have been developed in the house walls of Petitioners. Therefore, Petitioners have filed this Writ Petition praying to issue direction to the Respondents 1 to 5 to forbear the 6^th Respondent from digging the Well in his land.

7. Today, the learned counsel for Respondents reported before this Court that the well digging work which was going on in the 6^th Respondent’s land has already been completed and now, 6^th Respondent is not digging any well in his land.

8. Though the Well digging work which was going on in the 6^th Respondent’s land has been completed, the cracks that developed in the Petitioners’ house walls remain the same. It cannot be denied that the said cracks have been developed due to the powerful explosives which were used by the 6^th Respondent while digging the Well in his land.

9. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court is of the opinion that 6^th Respondent is liable to pay compensation to the Petitioners so as to enable them to repair the cracks that developed in their house walls. Therefore, 6^th Respondent is directed to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as compensation to the Petitioners, on or before

30.05.2026.

10. This Writ Petition is disposed of with the above direction. No costs.

Consequently, connected Miscellaneous Petition is closed.

15-04-2026 Index: Yes/No Speaking/Non-Speaking Order Neutral Citation: Yes/No mrr Note: Registry is directed to list this Writ Petition on 05.06.2026 under