Madras High Court
Muthusamy vs The District Collector on 3 November, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.29944 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.11.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.29944 of 2023
and W.M.P.No.29553 and 29555 of 2023
Muthusamy ... Petitioner
Vs.
1.The District Collector,
Coimbatore-641 018.
2.Parambikulam Aliyar Project,
Joint Field Inspection Committee,
Rep.by Pollachi Division,
Head and the Sub Collector,
Pollachi,
Tiruppur-642 001.
3.The Chief Engineer (Distribution),
TANGEDCO, Coimbatore Region,
Coimbatore.
4.The Zonal Deputy Tasildhar,
Pollachi (South),
Coimbatore.
_________
Page 1 of 11
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:04 pm )
W.P.No.29944 of 2023
5.The Assistant Engineer,
Public Welfare Department,
Water Resources Department,
Cana Division No.2,
Pollachi-642 003.
6.The Assistant Engineer,
Operation and Management, Gomangalam,
4/114, Udumalpet Main Road,
Gomangalam Pudur, Pollachi,
Coimbatore-642 007.
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorari, to call for the records of the
order passed in Na.Ka.No.4363/2021/A2 dated 23.09.2023 by the second
respondent and quash the same.
For Petitioner : Ms.J.Prithivi
For Respondents : Mr.T.M.Rajangam
Government Advocate
for R1, R2, R4 and R5
Mr.L.Jai Venkatesh for R3
ORDER
This Writ Petition has been filed challenging the order passed in Na.Ka.No.4363/2021/A2 dated 23.09.2023 by the second respondent.
_________ Page 2 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:04 pm ) W.P.No.29944 of 2023
2. The matter relates to drawing water from the well in S.No.173/2A situated in Selakampatty Village, Pollachi Taluk, Coimbatore District, which is classified as Perambikulam-Aliyar Project and thereby electricity service connection was directed to be disconnected by impugned order dated 23.09.2023. Challenging the same, the present writ petition has been filed.
3. Heard the learned counsel appearing for the petitioner, learned Government Advocate appearing for the respondents 1, 2, 4 and 5 and the learned counsel appearing for the third respondent.
4. This Court, on an earlier occasion, in W.P.No.3181 of 2017 etc., had the opportunity to consider the subject matter involved in the present writ petition. After examining the facts and circumstances of those cases and upon extensive deliberation on the issues involved, this Court passed the following order:-
“99. For the reasons aforesaid, this Court disposes of all the writ petitions with the following directions :
_________ Page 3 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:04 pm ) W.P.No.29944 of 2023 Answer to Issue - 1 The ayacutadars, who were in possession of lands within the ayacut zones, in which open wells were in existence, could very well draw water from the existing open wells situated on either side of the PAP canal and use the same for agricultural activity within the ayacut zone.
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 purpose 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.
Answer to Issue – 3 The prescription of motors of 5 HP and 10 HP prescribed in G.O. Ms. No.2261 dated 3.11.1967, more particularly spelt out at S. No.(v) of the said Government Order must scrupulously followed and any installation of motors beyond the said horse power is illegal and _________ Page 4 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:04 pm ) W.P.No.29944 of 2023 impermissible and has to be necessarily removed by the PAP authorities and electrical service connection given to such of those motors should be disconnected in accordance with law.
Answer to Issue – 4 In adherence to G.O. Ms. No.2261 dated 3.11.1967 the usage of water drawn, from open wells situated adjacent to the PAP canal in the ayacut zone by any person, be it the ayacutadars or non-ayacutadars could be only for utilisation of the water within the ayacut region and not outside the ayacut region.
Answer to Issue - 5 The ayacutadars are not permitted to transport water through pipelines from the open wells within the ayacut zone without approval of the Water Management Committee and such transportation could be only within the ayacut zone and not beyond the ayacut zone. Further, the transportation of water from open wells situated adjacent to the PAP canal is not permitted and no approval could be granted by the Water Management Committee and the PAP authorities.
Answer to Issue – 6 Water from the PAP canal is earmarked only for agricultural purposes and not for any other purpose. Therefore, water from PAP canal cannot be used for industrial and commercial purposes and any supply of water from the _________ Page 5 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:04 pm ) W.P.No.29944 of 2023 PAP canal for industrial or commercial purposes is to be stopped forthwith.
Answer to Issue - 7 No borewell is permitted to be dug or permitted to be operated on either side of the PAP canal and also throughout the ayacut region and if any such borewell is in operation, the PAP authorities have to take necessary action to immediately seal the borewell and stop it from being used to draw water.
Answer to Issue - 8 None of the land owners would be entitled to modify the sub-channels for taking water to their lands, which is outside the ayacut zone, thereby preventing flow of water to the tail- end farmers, within the ayacut zone, for the purpose of carrying out their agricultural operations.
Answer to Issue - 9 The lesser diameter of the pipeline used for the purpose of drawing water from the PAP canal or sub channel cannot be said to impermissible and the said contention deserves to be negatived.
Answer to Issue – 10 There arises no necessity to revisit the Government Order in G.O. Ms. No.2261 dated 3.11.1967, even after passage of more than five decades and the directions given in the Government Order needs to be followed scrupulously in _________ Page 6 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:04 pm ) W.P.No.29944 of 2023 letter and spirit.
Insofar as release of water is concerned, necessary steps shall be taken by the PAP authorities for release of water to the respective zones at the respective points of time, as stipulated in the Government Orders.
Insofar as the writ petitions relating to providing of electricity service connection, which have been disconnected/ordered to be disconnected by the Joint Action Committee pursuant to inquiry, the Joint Action Committee formed by the Government is directed to keep in abeyance the orders passed by it and to grant one more opportunity to the individual petitioners, whose electricity service connection had been disconnected, to enable them to place all the relevant materials before the Joint Action Committee and the Joint Action Committee, upon satisfaction of the materials and also after making a personalised spot inspection, in the presence of the respective petitioner, upon following the directions issued by this Court supra, is directed to pass appropriate speaking orders, with detailed reasons therein pointing out the infractions of the petitioner, if it decides to stick with the orders already passed with regard to disconnection of electricity and pass order and upon such order being passed, it is open to the petitioners, if aggrieved by the said orders, to work out their remedy in the manner _________ Page 7 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:04 pm ) W.P.No.29944 of 2023 known to law.
The contempt petition in Contempt Petition No.41/2017 filed for inaction of the respondents on the representation filed by the petitioner, stands closed in view of the directions issued above and with a further direction to the Joint Action Committee to take up the representation filed by the petitioner and pass appropriate orders in accordance with law. Liberty is granted to the petitioner to work out his remedy in the manner known to law upon orders passed on his representation.
Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.”
5. This Court is of the considered view that, since the ratio laid down in the said batch of cases squarely applies to the case on hand, the respondents are directed to follow the guidelines stipulated in the aforesaid order, more particularly, paragraph 99 thereof and conduct inspection and find out as to whether the well was dug prior to Perambikulam-Aliyar Project or after Perambikulam-Aliyar Project formation. Till such time, no coercive steps shall be taken for disconnection of electricity service connection.
_________ Page 8 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:04 pm ) W.P.No.29944 of 2023
6. Accordingly, this Writ Petition is allowed and the impugned order dated 23.09.2023 passed by the second respondent is set aside. There shall be no order as to costs. Connected miscellaneous petitions are closed.
03.11.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb _________ Page 9 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:04 pm ) W.P.No.29944 of 2023 To
1.The District Collector, Coimbatore-641 018.
2.Parambikulam Aliyar Project, Joint Field Inspection Committee, Rep.by the Pollachi Division, Head and the Sub Collector, Pollachi, Tiruppur-642 001.
3.The Chief Engineer (Distribution), TANGEDCO, Coimbatore Region, Coimbatore.
4.The Zonal Deputy Tasildhar, Pollachi (South), Coimbatore.
5.The Assistant Engineer, Public Welfare Department, Water Resources Department, Cana Division No.2, Pollachi-642 003.
6.The Assistant Engineer, Operation and Management, Gomangalam, 4/114, Udumalpet Main Road, Gomangalam Pudur, Pollachi, Coimbatore-642 007.
_________ Page 10 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:04 pm ) W.P.No.29944 of 2023 M.DHANDAPANI, J.
ssb W.P.No.29944 of 2023 03.11.2025 _________ Page 11 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:04 pm )