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2026 Supreme(Online)(Mad) 43758

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.Jagadish Chandira, P.Vadamalai, JJ
Karuppiah – Appellant
Versus
District Collector, Theni District – Respondent
W.P.(MD)No.14382 of 2026|W.M.P(MD)No.10812 of 2026



Advocates:
For the Appellants/Petitioners: S.Saravana Kumar
For the Respondents: R.Parthiban

The High Court may issue a direction to public authorities to consider and dispose of pending representations regarding the maintenance of public infrastructure within a specified timeframe, without preemptively deciding the merits of the grievance.

Headnote:The petitioner filed a petition under Art. 226 of the Constitution of India seeking a Writ of Mandamus to direct the authorities to restore and desilt a water channel/stream to facilitate the drainage of rainwater into a local reservoir. The petitioner alleged that the stream had been neglected, causing issues with water discharge. The court, without entering into the merits of the case, directed the relevant official to examine the representations submitted by the petitioner and pass appropriate orders. The central issue was whether the authorities had a duty to consider a representation regarding the maintenance of public water channels to prevent water stagnation. The court reasoned that in administrative matters, it is premature for the court to interfere directly without first allowing the authorities an opportunity to process the grievance in accordance with the law.

Result: The Writ Petition is disposed of with a direction to the third respondent to pass orders on the petitioner's representations within a period of two weeks.

Table of Content
1. petitioner requests maintenance of water channel to prevent stagnation. (Para 1 , 2 , 3)
2. judicial directive to administrative authorities to consider pending representations. (Para 4 , 5 , 6)

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.)

This Writ Petition has been filed seeking a direction to the respondents to restore the existing channel/stream leading to Chikkanagounden Kanmai by renovating and desilting the same, so as to ensure proper discharge of rainwater into the Kanmai situated in Survey No.248/5, Veppampatti Village, Uthamapalayam Taluk, Theni District, by considering the petitioner’s representations dated 11.05.2026 and

25.05.2026.

2.The case of the petitioner is that Veppampatti Village falls under Chinnamanur Block, which is under the control and administration of the third respondent. The village consists of several acres of agricultural lands and contains a Kanmai known as “Sikkana Goundan Kanmai.” During the rainy season, a stream runs from west to east and thereafter turns towards the north from the south, ultimately discharging water into the said Kanmai. The stream is situated in Survey No.248/5 and runs along the Panchayat road before being discharged through the road at the northern end beyond the land comprised in Survey No.248/6A.

3. According to the petitioner, due to the inaction and negligence of the respondents, the portion of the stream running from south to north has become obliterated and has not been desilted or renovated till date. In this regard, the petitioner submitted representations to the respondents.

Since no action has been taken, the present Writ Petition has been filed.

4. The learned counsel appearing for the petitioner submitted that restoration and desilting of the stream are necessary for the proper flow of rainwater and that representations dated 11.05.2026 and 25.05.2026 were submitted to the respondents. Since no action has been taken on the said representations, the petitioner has approached this Court by filing the present Writ Petition.

5. The learned Government Advocate appearing for the respondents submitted that the petitioner’s representations were received only recently on 11.05.2026 and 25.05.2026, and that an enquiry would be conducted and the representations would be considered and disposed of by the third respondent within a period of two weeks.

6. Without expressing any opinion on the merits of the case, this Court directs the third respondent to consider the petitioner’s representations dated 11.05.2026 and 25.05.2026 and pass appropriate orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

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