Sureshkumar v. The Principal Secretary to Government

ORDER This writ petition has been filed seeking to direct the respondents 1 to 6 to monitor the work pertaining to lift irrigation Water Scheme Carrying on by the 7th respondent society in order to prevent the violation in extending the scheme to the agricultural lands of non-members of the 7th respondent society, as against the conditions specified in GO. (4Pa) No.45 dated 25.02.2021 issued by the 1st respondent by considering the representation of the petitioners 18.08.2022.

2.Learned counsel for the petitioner would submit that the respondents 2 to 6 have issued a Government Order in G.O (4Pa) No.45 dated 25.02.2021 approving the Lift Irrigation Water Scheme for carrying water through pipeline from the Well using the Electric Motor for distributing the water to the agricultural lands measuring to an extent of 350 acres situated in 12 villages own by 122 members of the 7th respondent Society including the petitioner. However, the present Office Bearers of the 7th respondent Society in order to generate more revenue, have proposed to extend the pipeline project to the farmers, who are not the members of the 7th respondent Society. Therefore, the petitioner made a representation dated 18.08.2022 to the respondents 1 to 6 requesting them to monitor the work pertaining to Water Scheme on the 7th respondent Society. Since the respondents 1 to 6 failed to take steps, the present writ petition has been filed.

3.Per contra, learned Special Government Pleader appearing for the respondents 1 to 6 would submit that the respondents are monitoring the work pertaining to Water Scheme on the 7th respondent Society and the said Water Scheme will not be extended to the non-members of the 7th respondent Society.

4.Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents 1 to 6.

5.Considering the submissions made by both the parties, this Court is of the view that though the petitioner submits that the Office Bearers of the 7th respondents Society are trying to extend the Water Scheme for the non-members of the 7th respondent Society, he is not in a position to specify the persons to whom the Water Scheme to be extended. According to the respondents, they are monitoring the work pertaining to Water Scheme on the 7th respondent Society and so far no such action has been taken place as alleged by the petitioner. Such being the case, this Court is not inclined to issue mandamus since the petitioner has made a representation on presumption and assumption.

6.In view of the above, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 27-03-2026 (2/2) rst Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The Principal Secretary to Government, Tamil Nadu Government, Public Works Department, (Water Resources Department), Fort St. George, Secretariate, Chennai-600 009.

2.The Chief Engineer, Chepauk, Chennai-05.

3.The Chief Engineer, Trichy Region, Water Resources Department, Tiruchirappalli.

4.the superintending Engineer, Upper Cauvery Basin circle, Salem.

5.The Executive Engineer, Sarabanga Division, Salem.

6.The District Collector, WPoNo.o25462oofo2022 KRISHNANoRAMASAMYoJ. rst WPoNo.o25462oofo2022 AND WMPoNO.o24463oOFo2022 27-03-2026 (2/2)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-03-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 24463 OF 2022 1.Sureshkumar, s/o.Thangavel, Door No.97C, Kunnangalputhur, Aklampatti Post, Tiruchengode Taluk, 2.Boopathi, s/o.Ponnusamy, Door No.4/84E, Aklampatti, Tiruchengode Taluk, Petitioner(s) Vs 1.The Principal Secretary to Government, Tamil Nadu Government, Public Works Department, (Water Resources Department), Fort St. George, Secretariate, Chennai-600 009. 2.The Chief Engineer, Chepauk, Chennai-05. 3.The Chief Engineer, Trichy Region, Water Resources Department, Tiruchirappalli. 4.The Superintending Engineer, Upper Cauvery Basin Circle, Salem. 5.The Executive Engineer, Sarabanga Division, Salem. 6.The District Collector, 7.M/s.Pasumai Vivsayigal Neeretru Pasana Sangam, rep. by its President, No.3/107, Manathy Post, Thiruchengode Taluk, Namakkal District. Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondents 1 to 6 to monitor the work pertaining to lift irrigation Water Scheme Carrying on by the 7th respondent society in order to prevent the violation in extending the scheme to the agricultural lands of non-members of the 7th respondent society, as against the conditions specified in GO. (4Pa) No.45 dated 25.02.2021 issued by the 1st respondent by considering the representation of the petitioners 18.08.2022. For Petitioner(s): Mr.Arun for Mr.S.Senthil For Respondent(s): Mrs.S.Anitha Special Government Pleader For R1 to R6 No Appearance For R7