W.P(MD)No.21248 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P(MD)No.21248 of 2022 A.Ilayaraja ... Petitioner Vs 1.The District Collector, Office of the District Collector, Madurai District. 2.The President, Kethuvarpatti Panchayat, Peraiyur Taluk, Madurai District. 3.Sivankalai ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to prevent the third respondent from digging borewell within 40 meters from the petitioner's existing borewell in Survey No. 67/1B1A. For Petitioner : Mr.S.Malaikani For R – 1 : Mr.D.Gandhi Raj Special Government Pleader For R – 2 : Mr.R.Murali 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.21248 of 2022 ORDER This Writ Petition has been filed by the petitioner for a direction directing the respondents 1 and 2 to prevent the third respondent from digging up a borewell within 40 meters from the petitioner's existing borewell comprised in Survey No.67/1B1A situated at Kethuvarpatti Village, Peraiyur Taluk, Madurai District. 2.It is seen that the third respondent had purchased the land comprised in Survey No.67/5G to an extent of 10 cents situated at Kethuvarpatti Village, Peraiyur Taluk, Madurai District and constructed a house. Now the third respondent submitted an application seeking permission to dig up a borewell for his personal use. The petitioner has a house and borewell comprised in Survey No.67/1B1A situated at Kethuvarpatti Village, Peraiyur Taluk, Madurai District. The apprehension of the petitioner is that if the third respondent is allowed to dig up a borewell, his borewell would be affected citing the Government Order in G.O.Ms.No.281, Public Works Department, dated 03.04.1996. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.21248 of 2022 3.Admittedly, the petitioner is using the borewell for his agricultural purposes. Whereas the third respondent sought permission to dig up borewell for his residential purpose. Therefore, the objections raised by the petitioner cannot be countenanced and the second respondent is directed to consider the permission sought for by the third respondent to dig up a borewell in his land comprised in Survey No.67/5G situated at Kethuvarpatti Village, Peraiyur Taluk, Madurai District and pass orders, within a period of two weeks from the date of receipt of a copy of this order. 4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. 27.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector, Office of the District Collector, Madurai District. 2.The President, Kethuvarpatti Panchayat, Peraiyur Taluk, Madurai District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.21248 of 2022 G.K.ILANTHIRAIYAN, J. ps Order made in W.P(MD)No.21248 of 2022 27.01.2025 4/4 https://www.mhc.tn.gov.in/judis