W.P(MD)No.16892 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.08.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 16892 of 2025 and W.M.P(MD)NO.12789 of 2025 C.Karuppusamy ...Petitioner Vs. 1. The Revenue Divisional Officer, Palani Taluk, Dindigul District. 2. The Tahsildar/Monitoring Committee, Oddanchathiram Taluk Office, Dindigul District. 3. The Deputy Superintendent of Police, Oddanchathiram Taluk, Dindigul District. 4. The Inspector of Police, Kallimandayam Police Station, Ottanchathiram Taluk, Dindigul District. 5. A. Karuppasamy 6. The Assistant Director of Mines, Dindigul. [R-6 is suo motu impleaded vide Court order dated 23.06.2025] ...Respondents 1/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.16892 of 2025 PRAYER : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, forbearing the 5th respondent from digging an open well by illegally using the explosives of detonator bomb in Survey No.148/9 in Poosaripatti Village, Ottanchathiram Taluk, Dindigul District, which causing damages to the petitioner's house, based on the petitioner's representation dated 14.06.2025 and 15.06.2025 and direct the respondents 1 to 4 to take necessary action against the 5th respondent without getting permission for digging well using detonator bomb illegally nearby the petitioner's house. For Petitioner : Mr.T.Ramasamy For Respondents : Mr.M.Lingadurai, Special Government Pleader, for R-1, R-2 & R-6 M/s.M.Aasha, Government Advocate (crl. Side), for R-3 & R-4 M/s.K.Vidya, for R-5 ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus, forbearing the 5th respondent from digging an open well by illegally using the explosives of detonator bomb in Survey No.148/9 in Poosaripatti Village, Ottanchathiram Taluk, Dindigul District, which causing damages to the petitioner's house, based on the petitioner's representation dated 14.06.2025 and 15.06.2025 and direct the respondents 1 to 4 to take necessary action against the 5th respondent without getting permission for digging well using detonator bomb illegally nearby the petitioner's house. 2/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.16892 of 2025 2. In order to ascertain the veracity of the complaint made by the petitioner, vide order, dated 23.06.2025 this Court suo motu impleaded the 6th respondent and was directed to file a report. The 6th respondent filed a report, dated 12.05.2025, wherein it is stated the revenue authorities are the appropriate authority for issuing such order to use the explosives on the land. But, it is seen the Assistant Director, Department of Geology and Mining is empowered under Explosives rules 2008. Under Rules 99, 107, 113 read with Schedule 4, (Part 1) and based on the above provisions, the 5th respondent application would be considered by the Mines Department. Subsequently, the said officer has also communicated to the Revenue officials and the Revenue officials has to consider the same as per Rule 107(5) Explosive Rules 2008, who is the appropriate authority to grant license for use the explosive on the land. Subsequently, the same officer has also clarified and passed a detailed order stating that the 8th respondent is directed to dig the earth until 25 metres alone. Aggrieved over the same, this writ petition is filed. 3. The contention of the 5th respondent is that the said place is not a dangerous place to use explosives. Further stated that by using non electric detonator in controlled manner the earth can be digged and the stone can be excavated as well. 3/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.16892 of 2025 4. The learned counsel appearing for the 5th respondent submitted that the allegation that it is dangerous to dig based on the detonator is absolutely false. Moreover, there are several well situated in and around the place where it is digged until 70 meters. Therefore, the petitioner's contention is totally false and it is mere apprehension. 5. Even the learned counsel submitted that in case if there is any damage to the petitioner's property, the 5th respondent would undertake to compensate the same. The same is recorded. It is made clear that any damage, the government will not take any responsibility. 6. As per the certificate issued by the Rukmani Explosives who are the licensed explosive holder, the 5th respondent was permitted to use non electric detonator to excavate the well. For which, the 5th respondent relied on the certificate issued by the said Rukmani Explosives. The same is extracted hereunder: “jpz;Lf;fy; khtl;lk;> xl;ld;rj;jpuk; tl;lk;> jpUkiyfTz;ld;tyR> g+rhhpgl;b> ngUkhs;Nfhtpy; tyR Chpy; trpf;Fk; Mapg;g fTz;lh; kfd; fUg;Grhkp fTz;lh;> mth;fSf;F g+rhhpgl;b fpuhkj;jpy; [SF No.148/9] cs;s epyj;jpy; Gjpa fpzW xd;W ntl;Lfpwhh;. ,e;j fpzW ntl;l 4/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.16892 of 2025 Njitahd ntbnghUs;fs; ehq;fs; rg;is nra;J vq;fs; ntbitg;ghsiu itj;J ntb itj;J nfhLf;fpNwhk;. ehq;fs; ntb itj;J nfhLf;Fk; NghJ ve;jtpj mjph;Tk; tuhj tifapy; NON-ELECTRIC DETANATOR gad;gLj;jp ntb itj;Jf; nfhLf;fpNwhk;.” 7. Therefore, based on the above undertaking and the certificate issued by the licensed explosive holder, the 5th respondent is permitted to carry out the excavation with proper safety measures. The revenue officials are directed to issue the licence within a period of two weeks from the date of receipt of a copy of this order. It is made clear if there is a damage to petitioner's property the 5th respondent alone is liable and the petitioner cannot claim any damage from the Government. 8. Accordingly, the writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 04.08.2025 NCC : Yes / No Internet : Yes KSA 5/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.16892 of 2025 To: 1. The Revenue Divisional Officer, Palani Taluk, Dindigul District. 2. The Tahsildar/Monitoring Committee, Oddanchathiram Taluk Office, Dindigul District. 3. The Deputy Superintendent of Police, Oddanchathiram Taluk, Dindigul District. 4. The Inspector of Police, Kallimandayam Police Station, Ottanchathiram Taluk, Dindigul District. 5. The Assistant Director of Mines, Dindigul. 6/7 https://www.mhc.tn.gov.in/judis W.P(MD)No.16892 of 2025 S.SRIMATHY , J. KSA ORDER MADE IN W.P(MD)No.16892 of 2025 DATED :04.08.2025 7/7 https://www.mhc.tn.gov.in/judis