Sakthivel v. The Government of Tamilnadu

Order (Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to direct the respondents 1 to 4 to restore Iyyanar ponds water in and out flow channels and to remove the existing rain water drain constructed by the respondents 1 to 4 and illegally constructed pipe culvert which is being reconstructed by the respondents 1 to 4 and to take necessary measures to prevent sewage and drainage water from entering the tank.

¶2The Assistant Divisional Engineer, Highways (C&M), Vridhachalam filed status report. Action was taken by the Department to redress the grievance by forming a Committee consisting of Executive Engineer, Vellar Basin Division, Vridhachalam, Divisional Engineer (Highways) Construction and Maintenance, Vridhachalam and Executive Engineer (RD, DRDA). A joint committee conducted inspection on 18.12.2025 and filed a report to the Divisional Engineer on 19.12.2025 as follows: A) The Petitioner gave an objection for reconstruction of Box shaped Bridge by Highways department in the link road which connects Pennadam-Virudhachalam road. Page3 of 6 B) Based on the objection, the Joint Committee inspected the lyyanar Pond in S.No.287/2, Saathukudal Keezhppakku Village. Virudhachalam Taluk, Cuddalore and found that at present the Ayyanar Pond is not used by the public for drinking water purpose, C) During inspection it was found that the Highways department had already constructed a RCC pipe Culvert in 0/2Km Uchimedu Link Road and the same is being used by the public and the public requested to strength the above said road, based on the request of the public, strenghtening works is being carried out and culvert erection works is also being carried out, D) Re-Construction of RCC box Culvert along with road

strengthening for 1.20 km and culverts at 3 locations) was under Comprehensive Road Infrastructure Development Scheme 2025-2026, E) Closing the above said culvert will cause water innundation, F) There is a overflow of water from a Mini Tank, causing innundation to the Mother and Child Welfare Centre and Local house, G) To stop innundation by overflow of water from Mini Tank, the Highways Department has agreed to erect a Soak Pit, H) To reduce mixing of drainage water to the lyyanar pond, it is proposed to treat the drainage through Phytorid System, the same will be done by the Rural Department, I) To remove the bushes in the Channel which connect Ayyanar Pond, J) To go ahead with construction of box shaped bridge. Page4 of 6

¶3In view of the status report, which would clarify that the grievance of the petitioner, as raised in his complaint has been redressed, no further adjudication is required.

¶4During the course of arguments, the learned counsel for the petitioner would submit that the 5th respondent has encroached the pond/ water body, namely, channel and constructed a building.

¶5The said factum also shall be verified by the competent authority and if any encroachments are identified in the water body, the same shall be removed by following the procedures as contemplated under the relevant statutes and rules, after affording an opportunity to the alleged encroachers.

¶6With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.S.,J.) 22-04-2026 Index: Yes/No Speaking/Non-speaking order VSI To

¶1The Secretary, Water Resources Department, Fort St. George, Chennai-600 009

¶2The District Collector, Page5 of 6

¶3The Divisional Engineer, Highways Department (Construction and Maintenance) Virudhachalam Taluk,

¶4The Assistant Divisional Engineer Highways Department (Construction and Maintenance) Sub Division, Virudhachalam Taluk, Cuddalore District. WPoNo.o50241oofo2025 S.M.SUBRAMANIAMeJ. AND K.SURENDEReJ. vsi WPeNo.e50241eofe2025 and WMPeNo.e56211eofe2025 22-04-2026 Page6oofo6

2026:MHC:1597 Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and WMP No. 56211 of 2025 Sakthivel S/o.Ganapathypillai, Sathukkoodal Village, Viruthachalam Taluk, Cuddalore District. ..Petitioner(s) Vs 1. The Government Of Tamilnadu Rep. By Its Secretary, Water Resources Department, Fort St. George, Chennai-600 009 2. The District Collector, 3. The Divisional Engineer, Highways Department (Construction and Maintenance) Virudhachalam Taluk, 4. The Assistant Divisional Engineer Highways Department (construction And Maintenance) Sub Division, Virudhachalam Taluk, Cuddalore District. 5. Kalaivani W/o.Ramakrishnan, Aladi Road, Near Pvg Theatre, Virudhachalam (PO), Cuddalore District-606 001 ..Respondent(s) To direct respondents 1 to 4 to restore Iyyanar ponds water in and out flow channels and remove the existing rain-water drain constructed by the Page2 of 6 respondents 1 to 4 and illegally constructed pipe culvert which is being reconstructed by the respondents 1 to 4 and to take necessary measures to prevent sewage and drainage water from entering the tank For Petitioner(s): Mr.M.Ganesan for Mr.M.Sridhar For Respondent(s): Mr.T.Arunkumar, Addl.G.P for R1 to R4 R5-not ready in notice