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2026 Supreme(Online)(Mad) 43354

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, R. Poornima, JJ
Rameshkumar – Appellant
Versus
Secretary Water Resources Department – Respondent
W.P.(MD) No.14218 of 2026 | W.M.P.(MD) No.10641 of 2026



Advocates:
For the Appellants/Petitioners: J. Madhu
For the Respondents: R. Ghandiraj, N. Dilip Kumar

The Court established that while private development is permissible, entities must ensure no interference with public irrigation infrastructure and are liable for restoring damages caused by their activities.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to prevent private entities from damaging an irrigation channel due to heavy vehicle movement for windmill installation. The Court noted representations made by the counsel for the eighth respondent, who committed to avoiding the irrigation channel and utilizing private land with appropriate permissions. The main issue was whether the irrigation channel was being adversely affected by the construction activities of the private respondents. The Court recorded the commitment of the respondent to refrain from damaging the channel and held that official authorities should monitor the irrigation infrastructure to ensure any potential damage is restored to its proper condition. Accordingly, the writ petition is disposed of, and the connected miscellaneous petition is closed.

Table of Content
1. petitioner alleges damage to public irrigation channel by private construction activities. (Para 1 , 2)
2. court records undertaking to avoid channel; directs authorities to ensure restoration if damage occurs. (Para 3 , 4 , 5)

9.Mani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 6 to restrain the respondents 8 & 9 and their men or agents from damaging or alienating the L-15 irrigation channel in SF.No.62/A2, Monjanur West Village, Pugalur Taluk, Karur District, by laying a temporary road across the irrigation channel by considering the representation of the petitioner dated 14.05.2026 within a time stipulated by this Court.

For Petitioner : Mr.J.Madhu For Respondents : Mr.R.Ghandiraj Special Government Pleader for R1 to R7 Mr.N.Dilip Kumar for R8

O R D E R

[Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J.]

The prayer in this writ petition is for a mandamus directing the respondents 1 to 6 to restrain the respondents 8 & 9 from damaging or interfering with the irrigation channel in SF.No.62/A2, Monjanur West Village, Pugalur Taluk, Karur District.

2. Learned counsel for the petitioner, by taking this Court through the affidavit and the typed set of papers filed along with this writ petition, would submit that the respondents 8 & 9, who are now installing windmills, are taking the windmill parts in heavy vehicles and damaging the irrigation channel and also the pipelines that are used for irrigation purpose, which are beneath the soil.

3. Today, when this writ petition is taken up for admission, learned counsel appearing for the eighth respondent would submit that the eighth respondent will not use the irrigation channel and they will use only the private persons' properties after obtaining necessary permission from the respective owners of the land. The said submission of the learned counsel appearing for the eighth respondent is recorded.

4. As far as the authorities are concerned, they can inspect the irrigation channel as well as the pipelines and if any damage is found, the persons, who caused the damage, can always be directed to restore it in a proper condition.

5. With the above observations and directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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