C.Aruchamy v. The District Collector

ORDER The relief sought in this Writ Petition is to direct the Respondents 1 to 5 to forbear the 6th 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. Page3 of 7

¶2The learned counsel for Petitioners submitted that 6th 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 6th Respondent's land is situated very nearer to the Petitioners' house. Since the 6th 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 1st 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.

¶3The 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 6th Respondent has already been completed and presently, 6th Respondent is not digging any well in his land. Page4 of 7

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

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

¶6The main contention of the Petitioners is that 6th 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 6th Respondent from digging the Well in his land.

¶7Today, the learned counsel for Respondents reported before this Court that the well digging work which was going on in the 6th Respondent's land has already been completed and now, 6th Respondent is not digging any well in his land. Page5 of 7

¶8Though the Well digging work which was going on in the 6th 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 6th Respondent while digging the Well in his land.

¶9Considering 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 6th 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, 6th 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.

¶10This 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 mrr Note: Registry is directed to list this Writ Petition on 05.06.2026 under the caption, "For Reporting Compliance". Page6 of 7 To

¶1The District Collector, Tiruppur District.

¶2The Revenue Divisional Officer, Udumalpet, Tirppur District.

¶3The Tahsildar, Udumalpet, Tiruppur District.

¶4The Block Development Officer, Udumalpet Union Office, Udumalpet, Tiruppur District.

¶5The President, Periyapaapanuthu Village Panchayat, Udumalpet Taluk, Tiruppur District. Page7 of 7

KRISHNAN RAMASAMY, J. mrr 15-04-2026

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-04-2026 CORAM THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY and W.M.P.No.24293 of 2020 1. C.Aruchamy S/o. Chellappagounder, No.2/18, Vilamarathupatti, Periyapappanthu, Udumalpet, Tiruppur District. 2. Rathinam W/o. Balasubramanian, No.2/21-2/93, Vilamarathupatti, Periyapappanuthu, Udumalpet, Tiruppur District. ..Petitioners Vs. 1. The District Collector, Tiruppur District. 2. The Revenue Divisional Officer, Udumalpet, Tirppur District. 3. The Tahsildar, Udumalpet, Tiruppur District. 4. The Block Development Officer, Udumalpet Union Office, Udumalpet, Tiruppur District. 5. The President, Periyapaapanuthu Village Panchayat, Udumalpet Taluk, Tiruppur District. Page2 of 7 6. Vijayakumar S/o. Nataraj Gounder, No.158 A, Vilamarthupatti, Udumalpet Taluk, Tiruppur District. ..Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus to issue the direction to the Respondents 1 to 5 to forbear the 6th Respondent from digging the well in his lands in S.F.No.199/1A of Vilamarathupatti Village, Periyapaapanuthu Panchayat, Udumalpet Taluk, Tiruppur District without obtaining proper permission and by using a more powerful explosives without any authorization by considering the Petitioners' Representation dated 12.11.2020. For Petitioner : Mr.R.Kannan for Mr.D.R.Arun Kumar For Respondents – 1 to 5: Mrs.S.Anitha, Special Government Pleader For Respondent – 6 : Mr.M.N.Balakrishnan