W.P.(MD) No.17402 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025 CORAM THE HON'BLE MR.JUSTICE C. SARAVANAN W.P.(MD) No.17402 of 2025 and W.M.P.(MD) No.13267 of 2025 Ilathur Grama – Pillayan Kattalai, Punjai Nila Vivasayigal Nalasangam, Represented by its Member, S.Lingadurai, S/o. Sankara Pandithevar, No.4/88/4, Uthamiamman Kovil Street, Neduvayal, Achanpudur. ... Petitioner Vs. 1.The Missions Director, Atal Mission For Rejuvenation and Urban Transformation, Tamil Nadu Urban Finance and Infrastructure Development Corporation Limited, Chennai – 600 035. 2.The District Collector, Office of District Collectorate, Tenkasi. 3.The Executive Engineer, Water Resources Department, Chittar Basin Division, Tenkasi. _____________ Page No. 1 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17402 of 2025 4.The Executive Officer, 1st Grade Town Panchayat, Achanpudur, Tenkasi District. 5.The Tahsildhar, Taluk Office, Senkottai, Tenkasi District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's objection dated 21.10.2024 in the light of condition imposed by the third respondent proceeding in Letter No.261/M/EVaA-1/Ko.11A/2024, dated 09.10.2024 and consequently direct the respondents to choose some other suitable place for laying open wells under Atal Mission for Rejuvenation and Urban Transformation 2.0 for Achanpudur Town Panchayat except at S.No.147 of Hanumannathi River Bed (Umayankal) within stipulated time frame as fixed by this Court. For Petitioner : Mr.Paramasivam For Respondents : Mr.Ajmal Khan Additional Advocate General -I Assisted by Mr.D.Ghandiraj, Special Government Pleader _____________ Page No. 2 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17402 of 2025 O R D E R This writ petition has been filed for a Mandamus to direct the respondents to consider the petitioner's objection dated 21.10.2024 in the light of condition imposed by the third respondent proceeding in Letter No.261/M/EVaA-1/Ko.11A/2024, dated 09.10.2024 and consequently direct the respondents to choose some other suitable place for laying open wells under Atal Mission for Rejuvenation and Urban Transformation 2.0 for Achanpudur Town Panchayat except at S.No.147 of Hanumannathi River Bed (Umayankal). 2. 2. The writ petition is opposed by the learned Additional Advocate General for the respondents on the ground that a similar writ petition was filed as a Public Interest Litigation before the First Bench of this Court in W.P(MD)No.6916 of 2025, which was dismissed on 09.06.2025 with the following observations: “With reference to the grievances of the petitioner, Tamil Nadu Water Supply and Drainage Board though District Water Testing Laboratory conducted test and submitted a report. The Test Report states that “the tested sample confirmed to IS: 10500:2012 (RA:2019) Drinking water acceptable limit specification with respect to above tested parameters”. _____________ Page No. 3 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17402 of 2025 2. In view of the said findings in the test report, no further consideration is required. Accordingly, the writ petition stands closed. Consequently, the connected miscellaneous petition is closed.” 3. The prayer in the said writ petition reads as under: “Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to lay open well at Mekkarai River bed or some other suitable place under Atal Mission for Rejuvenation and Urban Transformation 2.0 for Achanpudur Town Panchayat except at S.No.147 of Hanumannathi River bed (Umayankal) by considering petitioners objections dated 20.01.2025 and 10.02.2025.” 4. The learned counsel for the petitioner submits that the sinking of a well for the Combined Water Supply Scheme for the Achanpudur Town Panchayat, Tenkasi District, will adversely affect the agricultural activities of the petitioner, as there are more than three wells in the vicinity and digging up a new well near the petitioner’s agricultural land will result in depletion of water to the petitioner’s agricultural land. It is submitted that before sinking of the well, the first respondent is required to entertain and consider the objections of the public. In this connection reference is made to the proceedings of the third respondent dated 09.10.2024 bearing fbj vz;.261m/,tm-1/Nfh.11A/2024> wherein one of the _____________ Page No. 4 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17402 of 2025 conditions is there is a personal hearing in the event of any objection being raised. The relative clause reads as under: “11.,g;Gjpa fpzWfs; mikg;gJ njhlh;ghf nghJkf;fs; kw;Wk; tptrhapsplkpUe;J Gfhh; kw;Wk; vjph;g;G tug;ngw;why; ,j;Jiwapd; %yk; toq;fg;gl;l jilapy;yh rhd;W uj;J nra;ag;gLk;.” 5. Although it is the contention of the learned Additional Advocate General that the scheme was framed in the larger public interest to ensure that the water is available to all residents of the Achanpudur Town Panchayat and the site was identified by the Geologist, nevertheless, the petitioner is entitled to raise objections, which has to be considered in terms of the aforesaid proceedings of the third respondent. 6. Under these circumstances, the second respondent is directed to entertain the objections of the petitioner after hearing the fourth respondent and pass appropriate orders on merits and in accordance with law terms of the aforesaid proceedings of the third respondent within a period of 2 weeks from the date of receipt of a copy of this order. _____________ Page No. 5 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17402 of 2025 7. The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. 27.06.2025 Sn Index : Yes / No Internet : Yes / No Neutral Citation : Yes/No To 1.The Missions Director, Atal Mission For Rejuvenation and Urban Transformation, Tamil Nadu Urban Finance and Infrastructure Development Corporation Limited, Chennai – 600 035. 2.The District Collector, Office of District Collectorate, Tenkasi. 3.The Executive Engineer, Water Resources Department, Chittar Basin Division, Tenkasi. 4.The Executive Officer, 1st Grade Town Panchayat, Achanpudur, Tenkasi District. _____________ Page No. 6 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17402 of 2025 5.The Tahsildhar, Taluk Office, Senkottai, Tenkasi District. _____________ Page No. 7 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.17402 of 2025 C.SARAVANAN , J. Sn W.P.(MD) No.17402 of 2025 27.06.2025 _____________ Page No. 8 of 8 https://www.mhc.tn.gov.in/judis