Madras High Court
S.Muthusamy vs The Executive Engineer on 4 November, 2025
Author: M.Dhandapani
Bench: M. Dhandapani
W.P.No.30727 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2025
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P.No.30727 of 2023
and
W.M.P.No.30386 of 2023
S.Muthusamy ... Petitioner
Vs.
1.The Executive Engineer,
Parambikulam Aliyar Project Water Resources Division,
Thirumurthi Basin Division,
Udumalpet, Tiruppur District.
2.The Executive Engineer,
Operation & Maintenance,
TANGEDCO,
Udumalpet Electricity Distribution Circle,
Udumalpet.
3.The Revenue Divisional Officer,
Chairman of Joint Superintending Committee,
PAP Scheme, Udumalpet Division. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus, calling for the
records of the third respondent in Na.Ka.No.1206/2022/A1 dated
30.11.2022, quash the same and consequently direct the respondents to
restore the application for fresh connection in EEU/360/2002-03 dated
06.11.2002 and provide agricultural service connection to well of the
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W.P.No.30727 of 2023
petitioner in S.No.44/3D, Thanthoni Village, Udumalpet Taluk, Tiruppur
District, for the well of the petitioner situated near the Canal.
For Petitioner : Mr.P.Srinivas
For Respondents : Mrs.S.Anitha
Special Government Pleader [R1 & R3]
Mr.L.Jai Venkatesh
Standing Counsel [R2]
*****
ORDER
This Writ Petition has been filed by the petitioner seeking for a Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent in Na.Ka.No.1206/2022/A1 dated 30.11.2022, quash the same and consequently, to direct the respondents to restore the application for fresh connection in EEU/360/2002-03 dated 06.11.2002 and provide agricultural service connection to well of the petitioner in S.No.44/3D, Thanthoni Village, Udumalpet Taluk, Tiruppur District, for the well of the petitioner situated near the Canal.
2. The case of the petitioner is that he is the owner of the lands in S.Nos.44/3D (77 Ares or 2 Acres) and 47/1 (12 ares or 30 cents) in Thungavi Village. The said lands are in a contiguous parcel and are prime agricultural lands. The lands are classified as Punja Lands and there are Page No.2 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/01/2026 01:34:02 pm ) W.P.No.30727 of 2023 two agriculatural wells in the S.No.44/3D for the irrigaiton of the said lands. The lands are adjoining the Udumalpet Branch Canal 2 of the Parambikulam Aliyar Project that carries water for the irrigation of the ayacut lands that are downstream of the petitioner’s lands. Both the borewell were digged prior to 1967. In the year 1980, the petitioner obtained the agricultural service connection No.317 from the Ayyampalayam Pudur Electricity Distribution Circle. The said two wells are about 300 feet apart and the wells are having good yield of water for agricultural purposes. The lands are having coconut trees and that are about 20 years old and the petitioner was using the water drawn from the well that is far away from the PAP canal. Both the wells are more than 60 years old and prior to the PAP project. The petitioner has also obtained NOC from the respondents in the year 2003 for using a changeover switch for installing another pump in the well that is nearer to the PAP canal and the said NOC was given by the 1st respondent on 31.12.2003. However, the 3rd respondent passed the impugned order stating that the petitioner’s well is situated within the prohibited distance i.e., 50 meters and both the wells are situated within 5 meters, thereby ordered for disconnecting the electricity service connection. Challenging the same, the petitioner has filed the present writ petition before this Court. Page No.3 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/01/2026 01:34:02 pm ) W.P.No.30727 of 2023
3. Learned counsel appearing for the petitioner submitted that, without providing any opportunity to the petitioner, the present impugned order is passed and the same is contrary to the decision rendered by this Court in W.P.No.3181 of 2017, etc. batch. Accordingly, he prays for appropriate orders.
4. Learned counsel appearing for the 2nd respondent submitted that based on the orders passed by this Court in W.P.Nos.10545 of 2018, 957 of 2016 and 3181 of 2017, etc. Batch, and G.O.Ms.No.2261 (PWD), dated 03.11.1967, the 3rd respondent has passed the impugned order, disconnecting the service connection extended through DPDT switch to the petitioner’s well, which is wholly sustainable and the same does not require any interference. Accordingly, he prays for dismissal of this writ petition.
5. Heard the learned counsel appearing for the parties and perused the materials available on record.
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6. This Court, in W.P.No.3181 of 2017, etc. Batch, after hearing the parties at length, had passed the following order :-
“Answer to Issue – 2 The protected distance prescribed in G.O.Ms.No.2261 would be only with regard to sinking of new open wells and deepening of existing open wells and other than that, usage of water from the well already in existence is no where barred. Ayacutadars, who are in possession of lands as also open wells, which were sunk, prior to the formation of PAP canal could very well use the open wells for the purpoer of drawal of water through motors of the horsepower prescribed under G.O.Ms.No.2261 for irrigating their lands during off-season and there could be no bar on the usage of the open wells already in existence prior to the formation of PAP canal.”
7. The petitioner himself has admitted in his sworn affidavit that he owns only 2 acres and 30 cents in S.Nos.44/3D and 47/1 and there are two wells in the said lands. This Court is unable to understand as to why the petitioner has digged two wells adjacent to the PAP canal, for irrigating the lands to an extent of 2 acres and 30 cents. Though it is claimed by the petitioner that the wells were digged prior to the formation of PAP canal, however, the electricity service connection was obtained in Page No.5 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/01/2026 01:34:02 pm ) W.P.No.30727 of 2023 the year 1980 and, therefore, the stand taken by the petitioner is not acceptable. The petitioner, for irrigating his limited extent of land, has to choose between one of the wells for drawing water for which alone electricity service connection can be provided.
8. In view of the above, this Court is inclined to dispose of this writ petition in the following terms :-
(i) The impugned order, dated 30.11.2022 passed by the 3rd respondent is hereby quashed and the matter is remanded to the respondents.
(ii) the petitioner is directed to file an affidavit before the respondents 1 and 2 mentioning the well which he is going to use for the purpose of irrigation of his lands, within a period of two (2) weeks from the date of receipt of a copy of this order.
(iii) upon receipt of the affidavit within the stipulated time, the respondents 1 and 2 shall conduct field inspection and find out whether the well chosen by the petitioner is within the prohibited distance or not and also as to when the well was dug, whether before the formation of PAP canal in terms of the order of this Court passed in W.P.No.3181/2017, etc. Batch, dated 13.07.2023 and thereafter, pass appropriate orders on merits and in accordance with Page No.6 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/01/2026 01:34:02 pm ) W.P.No.30727 of 2023 law for extending the service connection to the well.
The said exercise shall be completed by the respondents, within a period of four (4) weeks from the date of receipt of the affidavit of the petitioner.
9. With the above observations and directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
04.11.2025 Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes/No sp To
1.The Executive Engineer, Parambikulam Aliyar Project Water Resources Division, Thirumurthi Basin Division, Udumalpet, Tiruppur District.
2.The Executive Engineer, Operation & Maintenance, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
3.The Revenue Divisional Officer, Chairman of Joint Superintending Committee, PAP Scheme, Udumalpet Division.
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