W.P(MD)No.14540 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.05.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.14540 of 2025 M.Maria Siluvai ... Petitioner vs. 1.The Secretary to Government of Tamil Nadu, Revenue Department, Secretariat, Fort St.George, Chennai 600 009. 2.The Secretary to Government of Tamil Nadu, Public Works Department, Secretariat, Fort St. George, Chennai 600 009. 3.The District Collector, Kanyakumari District, Nagercoil. 4.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari District. 1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.14540 of 2025 5.The Tahsildhar, Kalkulam Taluk, Thuckalay, Kanyakumari District. 6.The Village Administrative Officer, Villukuri-B Village Trivandrum Nagercoil Highway, Madathatuvilai, Villukuri Village, Kanyakumari District - 629 180. 7.The Executive Engineer, Public Works Department, Kotar, Nagercoil, Kanyakumari District. 8.The Assistant Executive Engineer, Public Works Department, Kodayar Basin Sub Division, Palace Road, Thuckalay, Kanyakumari District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 3, 7 and 8 to take necessary steps to remove the weeds and grasses grown in the overflow stream and the soil dumped near to the overflow streams in Survey Nos.457/1 and 464/1 and ensure free flow of water in the stream and the height of the Manmundhikulam pond banks were not reduced, based on the representation dated 16.05.2025 to the respondents 3, 5 and 8 and to take action against those individuals involved in the act of vandalism the water stream. 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.14540 of 2025 For Petitioner : Mr.R.Arun Raja Seelan For Respondents : Mr.D.Gandhiraj Special Government Pleader ORDER (Order of the Court was made by S.SRIMATHY, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 2. The petitioner has filed the present Writ Petition seeking a direction to the respondents 3, 7 and 8 to take necessary steps to remove the weeds and grasses grown in the overflow stream and the soil dumped near the overflow streams in Survey Nos. 457/1 and 464/1, to ensure the free flow of water in the stream, and to ensure that the height of the Manmundhikulam pond banks is not reduced, based on the representation dated 16.05.2025 submitted to the respondents 3, 5, and 8. The petitioner also seeks action against individuals involved in acts of vandalism against the water stream. 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.14540 of 2025 3. According to the petitioner, the Public Works Department has taken steps to desilt and remove sediment soil from the Manmundhikulam pond in Survey No. 464/7. The overflow stream from the Manmundhikulam pond, which flows through Survey No. 457/1 and connects to the nearby Neikulam pond in Survey No. 463/15, has not been properly maintained by the PWD officials and is now overgrown with grasses and weeds. On 15.05.2025, some unknown persons, with the intention of closing the water stream for laying a road, allegedly attempted to dump the excavated sediment soil from the Manmundhikulam pond into the overflow streams in Survey Nos.457/1 and 464/1 using tipper lorries. As the illegal act was opposed by local farmers, the lorry drivers instead dumped the soil adjacent to the water stream. It is alleged that they are attempting to close the water body illegally during nighttime hours. A representation regarding this issue was submitted to respondents 3, 5 and 8; however, no action has been taken by the authorities. Hence, this Writ Petition has been filed. 4. The learned Special Government Pleader appearing for the respondents submits that the petitioner’s representation will be considered and 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.14540 of 2025 appropriate orders will be passed on its own merits within the time frame stipulated by this Court. 5. Considering the limited scope of the relief sought by the petitioner, and without expressing any opinion on the merits of the petitioner’s claims, either in the representation or in the affidavit filed in support of this Writ Petition, we direct respondents 3, 5 and 8 to consider the petitioner’s representation dated 16.05.2025 and the respondents shall afford sufficient opportunity for a personal hearing to the petitioner and other interested parties, if any, and shall pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. 6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. [S.S.Y.,J.] & [R.V.,J.] 21.05.2025 NCC : Yes / No Index : Yes / No 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.14540 of 2025 To 1.The Secretary to Government of Tamil Nadu, Revenue Department, Secretariat, Fort St.George, Chennai 600 009. 2.The Secretary to Government of Tamil Nadu, Public Works Department, Secretariat, Fort St. George, Chennai 600 009. 3.The District Collector, Kanyakumari District, Nagercoil. 4.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari District. 5.The Tahsildhar, Kalkulam Taluk, Thuckalay, Kanyakumari District. 6.The Village Administrative Officer, Villukuri-B Village Trivandrum Nagercoil Highway, Madathatuvilai, Villukuri Village, Kanyakumari District - 629 180. 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.14540 of 2025 7.The Executive Engineer, Public Works Department, Kotar, Nagercoil, Kanyakumari District. 8.The Assistant Executive Engineer, Public Works Department, Kodayar Basin Sub Division, Palace Road, Thuckalay, Kanyakumari District. 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.14540 of 2025 S.SRIMATHY , J. and R.VIJAYAKUMAR, J. ps ORDER MADE IN W.P(MD)No.14540 of 2025 DATED : 21.05.2025 8/8 https://www.mhc.tn.gov.in/judis