W.P.No.29775 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.10.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.29775 of 2022 And W.M.P.No.29170 of 2022 Gowsalamani ... Petitioner Vs. The Junior Engineer, Operation & Maintenance Udumalai Distribution Circle Poolavadi – 642 206. ... Respondent Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the entire records relating to the impugned order passed by the respondent in Letter No.EmiPo/ E&Pe / Poolavadi/ Ko.Katt/ O.No.246 / 22-23 dated 03.11.2022 and quash the same. For Petitioner : Mr.S.Sheik Ismail For Respondent : Mr.L.Jai Venkatesh O R D E R The petitioner has filed this writ petition seeking issuance of Writ of Certiorari calling for the entire records relating to the 1/4 https://www.mhc.tn.gov.in/judis W.P.No.29775 of 2022 impugned order passed by the respondent in Letter No.EmiPo/ E&Pe / Poolavadi/ Ko.Katt/ O.No.246 / 22-23 dated 03.11.2022 and quash the same. 2.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the land to an extent of 7.14 acre at S.No.932 Munduvelampatti Village and the petitioner obtained electricity service connection for the subject property and in the said property there is a well and borewell and the petitioner was granted with PAP. Whileso, the respondent issued the impugned order stating that the petitioner had illegally tapped water from the Poolavadi Distribution canal. The learned counsel further submitted that this Court may issue direction to the respondent to measure the distance between the borewell / open well and canal with the help of the revenue officials in the presence of the petitioner and further submitted that if the borewell / open well is situated within the prohibited distance, the respondent may be permitted to close the borewell / open well and shift the borewell / open well in the land owned by the petitioner. 3.The learned counsel appearing for the respondent, on 2/4 https://www.mhc.tn.gov.in/judis W.P.No.29775 of 2022 instructions, submitted that the borewell is erected within the prohibitory distance of PAP canal and this Court in a batch of writ petitions in W.P.Nos.3181 of 2017 etc., batch dated 13.07.2023, issued direction to disconnect the electricity service connection. 4.The dispute in the writ petition is whether the borewell / open well is situated within the prohibited distance or not. In order to find out the same, the respondent is directed to measure the distance between the borewell / open well and canal with the help of the revenue officials in the presence of the petitioner and record the statement. If the borewell is situated within the prohibitory distance, the respondent is directed to close the borewell without issuing notice to the petitioner on the same day and install the same in the land owned by the petitioner, if it is unobjectionable one. If the open well is situated within the prohibitory distance and if it was erected prior to formation of PAP, the petitioner may be permitted to use the same as per the directions issued in W.P.Nos.3181 of 2017 etc., batch dated 13.07.2023. If the open well is situated within the prohibitory distance and if the same was erected after the formation of PAP, the respondent is directed to issue notice to the petitioner and pass appropriate orders. 3/4 https://www.mhc.tn.gov.in/judis W.P.No.29775 of 2022 M.DHANDAPANI,J. pri 5.The writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 30.10.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To The Junior Engineer, Operation & Maintenance Udumalai Distribution Circle Poolavadi – 642 206. W.P.No.29775 of 2022 And W.M.P.No.29170 of 2022 30.10.2025 4/4 https://www.mhc.tn.gov.in/judis