Karupaiah vs The District Collector
- Court
- Madras High Court
2026:MHC:3760
WP(MD)No.13822 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2026
CORAM
THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN
AND
THE HON'BLE MR JUSTICE R.SAKTHIVEL
W.P(MD)No.13822 of 2023
1. Karupaiah S/o.Maiyapathevar, Perumalpatti Village, Kulathur Post,
Aranthangi Taluk, Pudukkottai District
2. Kasinathan S/o.Udayappan, Perumalpatti Village, Aranthangi Taluk,
Pudukkottai District
3. Parameshwaran S/o.Karupaiahthevar, Karuvidaichery Village, Kulathur
Post, Aranthangi Taluk, Pudukkottai District
... Petitioners
- Vs. -
1. The District Collector Pudukkottai District, Pudukkottai
2. The Superintending Engineer Water Resources Department and Tamil
Nadu Drinking and Drainage Board, Nadukkaveri Middle Division, Trichy
Region
3. The Executive Engineering Water Resources Department and Tamil
Nadu Drinking and Drainage Board, South Vellar Basin, Pudukkottai
District
4. The Revenue Divisional Officer, Aranthangi Taluk, Pudukkottai District
5. The Thasildar Aranthangi Taluk, Pudukkottai District
6. The Commissioner of Municipality, Aranthangi Taluk, Pudukkottai
District ... Respondents
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WP(MD)No.13822 of 2023
Prayer:Writ Petition is filed under Article 226 of the Constitution of India,
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praying this court to issue a Writ of Mandamus forbearing the 6
respondent from drilling and exploiting water from the 10 Bore Wells in
S.Nos. 381 and 228 South Vellar River at Aalapiranthan Village, Aranthangi
Taluk, Pudukkottai District.
For Petitioners : Mr.R.Paranjothi
For Respondents : Mr.M.P.Senthil
Government Pleader for R1 to R5
Mr.S.Kameswaran for R6
ORDER
(Order of the Court was made by C.V.KARTHIKEYAN, J)
The writ petition had been filed in the nature of a mandamus
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restraining the 6 respondent/Commissioner, Aranthangi Municipality in
Pudukottai District from drilling and exploiting water from the 10 Bore
Wells in S.Nos. 381 and 228 South Vellar River at Aalapiranthan Village,
Aranthangi Taluk, Pudukkottai District.
2. In the affidavit filed in support of the writ petition, it had been
stated that the agricultural wet lands of the villages in Alapiranthan Village
Panchayat are irrigated from 14 separate tanks, which are situated in
Kudikadu Village. They are the main source of irrigation. It had been stated
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2026:MHC:3760
WP(MD)No.13822 of 2023
that South Vellar River passes through Alapiranthan village, Karuvidaichery
Village, Perumalpatti Village of Alapiranthan Village. It had been stated that
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the 6 respondent had proposed to dig 15 bore-wells in S.Nos.381 and 228,
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at South Vellar River of Alapiranthan Village. Restraining the 6 respondent
from digging such bore-wells, the writ petition had been filed.
3. An interim injunction was also granted. Subsequently, the
Coordinate Division Bench by order dated 16.07.2024 had vacated the order
of interim injunction. It was noted that the proposal to dig borewell had
come up under the safe zone where extraction of water is less than 70%. It
had been held that digging of the bore-well was for providing water supply
to the people, who are residing in Aranthangi area. Once that particular
explanation had been accepted, then, the writ petition necessarily has to fail
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as no orders can be passed restraining the 6 respondent from digging bore-
wells.
4. The learned counsel for the petitioner however widened the scope
nd
by pointing out to the counter affidavit of the 2 respondent/Superintending
Engineer, Water Resources Department and Tamil Nadu Drinking Water and
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Drainage Board at Nadukaveri at Trichy, wherein, he had stated that a
structure like a check dam with recharge shafts should be constructed across
South Vellar River to increase the ground water level. This is only an
nd
opinion of the 2 respondent, which cannot be construed as a commitment
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by the 2 respondent to put up such check dam. It depends upon necessary
administrative sanction being granted; it depends upon the budget being
allocated for that purpose and it also depends upon the contract to be issued
for putting up such check dams. All those issues have to be taken into
nd
consideration. The statement of the 2 respondent cannot be held as a
nd
binding statement as against the 2 respondent or against any other
respondents. We would only clarify that particular aspect. In view of the
fact that the Coordinate Bench had vacated the order of injunction, the relief
sought does not survive any more. Accordingly, the writ petition stands
dismissed. No costs.
(C.V.K.,J.) (R.S.V,J.)
09.09.2026
NCC : Yes/No
Index : Yes/No
RR
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2026:MHC:3760
WP(MD)No.13822 of 2023
To
1. The District Collector Pudukkottai District, Pudukkottai
2. The Superintending Engineer Water Resources Department and Tamil
Nadu Drinking and Drainage Board, Nadukkaveri Middle Division, Trichy
Region
3. The Executive Engineering Water Resources Department and Tamil
Nadu Drinking and Drainage Board, South Vellar Basin, Pudukkottai
District
4. The Revenue Divisional Officer, Aranthangi Taluk, Pudukkottai District
5. The Thasildar Aranthangi Taluk, Pudukkottai District
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2026:MHC:3760
WP(MD)No.13822 of 2023
C.V.KARTHIKEYAN, J
AND
R.SAKTHIVEL, J
RR
WP(MD) No.13822 of 2023
09.09.2026
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