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Madras High Court
Theeran Thirumurugan @ Thirumurugan vs State Of Tamil Nadu Represented By on 26 February, 2026
Bench: G.R.Swaminathan, B.Pugalendhi
1 W.M.P.(MD)NO.4090 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26-02-2026
CORAM
THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR JUSTICE B.PUGALENDHI
WP(MD) NO. 3701 of 2026
Theeran Thirumurugan @ Thirumurugan
S/o. Ganeshan R.S.Mangalam via
Uppur post Thiruvadanai Taluk
Ramanathapuram District. ... Petitioner
Vs
1.State of Tamil Nadu Represented by
The Principal Secretary,
Public Works Department,
State of Tamil Nadu,
Fort St. George,
Secretariat,
Chennai-600 009.
2. State of Tamil Nadu represented by
The Principal Secretary,
Department of Municipal Administration and Water Body,
Fort St. George, Secretariat,
Chennai-600 009.
3. The Engineer in Chief (Water Resources Organisation)
Public Works Department,
Chepauk, Chennai – 600 005.
1/12
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2 W.M.P.(MD)NO.4090 of 2026
4. The District Collector,
Office of the District Collector,
Madurai District.
5. The Assistant Director (Panchayat),
Madurai District,
Madurai.
6. The Chief Engineer,
Public Works Department,
Water Resources Organisation,
Madurai Region,
Thallakulam,
Madurai-625 002.
7. The Superintending Engineer,
Public Works Department,
Water Resources Organisation,
Periyar Vaigai Basin Circle,
Madurai Region.
Madurai-625 002.
8. The Executive Engineer,
Public Works Department,
Irrigation Section No.II,
Periyar Vaigai Basin Sub Division No.1,
Madurai-625 002.
9. The Tahsildar,
Office of the Tahsildar,
Madurai East Taluk,
Madurai.
10.The Block Development Officer,
Office of the Block Development Officer,
Madurai East Panchayat Union,
Race Course Road,
Madurai. ... Respondents 2 to 10/Respondents 1 to
2/12
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3 W.M.P.(MD)NO.4090 of 2026
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus directing the respondents to construct the
walking pathway around Rajagambeeram Kanmoi strictly along its full
perimeter without intersecting or dividing the pond area, consequently
ensure, uninterrupted water flow from the Periyar Irrigation Canal and
maintaining the water body's original extent as per the revenue records
on the basis of petitioner's representation dated 31.01.2026 in
accordance with law within a stipulated time that may be fixed by this
Court.
For Petitioner(s) : Dr.R.Alagumani
For Respondent(s): Mr.Ajmal Khan,
Additional Advocate General,
assisted by Mr.S.Shanmugavel,
Additional Government Pleader for R10
Mr.G.V.Vairam Santhosh,
Additional Government Pleader for R1 To R9
ORDER
Rajagambeeram Kanmoi located in Y.Othakadai, Madurai, as its
very name suggests, must have been a majestic water body. It
measured an extent of 27.30 acres. A part of the tank on the southern
side was taken over and obliterated for laying a highway. The tank
catered to the irrigational requirements of the agricultural fields that
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were in the vicinity. Due to urbanization, the agricultural fields got
converted into housing plots. As on date, the Kanmoi has no ayacut.
The tank had two inlets. One was a feeding channel branching out from
Mullai Periyar Canal and it was on the western side. The other was in
the north eastern side of the tank. Its catchment area was the foothills
of Yanaimalai. There was a natural channel from the foothills leading to
the tank. Both the inlets are not to be seen on the ground. Either they
had been encroached and obliterated or got silted. The kanmoi lost the
character of a water body and became a cesspool. It also became a
garbage dumping site. The drainage and sewage water from the nearby
residences as well as commercial establishments were let into the
kanmoi. WP(MD)Nos.2760 of 2019 and 25304 of 2022 were filed to stop
these polluting activities. They were disposed of by us on 23.05.2025
with a direction to the authorities to take remedial action.
2.Tenders were invited on 30.09.2025 for carrying out improvement
works for the water body. One Visaga Associates was selected as the
successful bidder on 23.10.2025. Work order was issued on 25.10.2025.
60% of the works have since been completed. At this stage, this writ
petition came to be filed. The writ petitioner alleged that a pathway is
being constructed dividing the pond area into two. Taking note of the
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said submission, we passed an interim order restraining the authorities
from laying any pathway across the water body. To vacate the said
order, the jurisdictional Block Development Officer has filed
WMP(MD)No.4090 of 2026.
3.We heard the learned counsel for the writ petitioner and the
learned Additional Advocate General for the State. In fact, we visited
the spot also and interacted with the public. Two facts are beyond
dispute. Water ceased to be stored in the kanmoi for more than 40
years. On the other hand, it rather became a cesspool. Secondly, a
pathway had been in existence for more than 15 years for the use of
the local public. It is not as if, for the first time, a road is being laid
across the water body.
4.The Hon'ble Supreme Court has been reminding the authorities
that it is their duty to restore the water bodies to their original
condition. The authorities have rightly taken up the task of carrying out
the improvement works for Rajagambeeram tank. It is a multi-crore
project. The focus is more on widening the existing intersecting
pathway and laying a walk area. In our view, this cannot be the priority
work. The first task must be to identify the feeding sources and restore
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the inlets along with cleaning up of the tank. If there are
encroachments, they must be cleared. Even if houses have come up,
they may have to be demolished. The length of time is irrelevant when
it comes to encroachment of water bodies. Even if pattas have been
granted, they have to be cancelled. Of course, before taking such
action, proper survey must be conducted. The persons affected have to
be put on notice. The District Collector, Madurai is directed to take up
this as the primary task to be carried out. We hope that within the next
nine months, the feeding sources that originally existed would stand
restored. It is an unpopular task more so during election time. But
officials ought to be indifferent to the political fortunes of parties. The
task of restoration has to be taken up on a war footing basis.
5.Since a pathway was already in existence and it is not being laid
for the first time, we do not want to pass a blanket restraint order. We
call upon the counsel to accurately and fairly present the facts while
pressing for interim relief at the admission stage. Had we known that
a paver block road was already in existence, we would not have passed
an injunction order. The purpose of granting an interim order is to
maintain the status quo. When we visited the spot last week, we found
a flow of traffic on this pathway. However, we noticed that the existing
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pathway is being considerably widened. The very formation of pathway
probably by the public themselves two decades ago was itself illegal.
This illegality cannot be worsened by widening it. We, therefore, direct
the respondents to confine the width of the path way to 15 feet and not
more. Crash barriers shall be erected on either side to ensure safety of
the users. The width of the tank at this spot is 67 meters. Three
culverts spanning 6.0 meters shall be installed underneath the pathway
so that the integrity of the water body is maintained and water flows
from north-south.
6.The authorities have to ensure that not even a drop of drainage
or sewage water falls into the kanmoi. The residents have to be suitably
sensitized in this regard. All the residents in the vicinity must ensure
that sewage (black water) does not get mixed with sullage (grey water).
All the houses and the commercial establishments in the vicinity must
have a proper sewage disposal mechanism. The officials of the local
body have to carry out individual verification in this regard. Violators
shall be suitably penalised. The local body is authorised to collect spot
fines from the erring individuals and entities by applying “polluter pays
principle”.
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7.The authorities claim that they would bring water from Mullai
Periyar-Vaigai channel through pipes. Water flowing into a tank must be
through a channel so that there is percolation enroute. It should also
be exposed to sunlight. But due to poor civic sense of the people,
bringing water through pipes will help avoid contamination and the tank
will receive clean water.
8.As already mentioned, the tank was fed from two sources. One
source from Mullai – Periyar Vaigai branch channel is to be restored
shortly. Likewise, the other source from the foothills of Yanaimalai
should also be restored. An ambitious proposal to integrate the entire
rain water falling on Yanaimalai hills at a single point and to reach the
same to the tank through conduits is under consideration. We direct
the Rural Development officials to fine tune the above proposal and
implement the same as expeditiously as possible. In other words, the
Rajagambeeram Kanmoi should receive water in the same measure as it
originally did.
9.The respondents have already provided for channelising the
grey water generated from the houses and establishments in the vicinity
into a collection tank. It is a part of Sewage Treatment Plant. Since
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the proposed STP cannot treat black water, foolproof measures must
be adopted to ensure that black water does not mix with grey water.
The measures can range from prosecution to cutting of water supply to
the erring individual and entities. The STP is to be established by
adopting Moving Bed Bio Film-Reacter (MBBR) technology. We do not
know if this is the latest one. Proof of the pudding is in the eating. The
treated water must be capable of use. If the water quality does not
show much of difference before and after treatment, the model has to
be treated as a failure. We direct the Pollution Control Board to keep an
effective watch on the functioning of STP. It is stated that a lab will also
be built as a part of STP. Time alone will show the efficacy of the
project. Man lives on hopes. We, therefore, express our sincere desire
that the grey water collected from the locality will be properly treated
and deployed for agricultural use.
10.The tail portion of the tank was cut off because of laying of
the highway. Close to 80 cents of the water body still lies to the south
of the Highway. Steps shall be taken to preserve the same as a
rainwater harvesting source. The remaining extent was divided into
two. The respondents shall ensure that the tank portion to the south of
the pathway is also to be cleaned up. Since three culverts are to be
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installed, the water to be received from Yanaimalai foothills and Mullai
Periyar – Vaigai branch channel would be evenly distributed throughout
the tank.
11.With the aforesaid directions, the writ petition is disposed of.
The interim order earlier granted stands vacated. No costs.
(G.R.SWAMINATHAN J.) (B.PUGALENDHI J.)
26-02-2026
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
SKM
To
1. The Principal Secretary,
Public Works Department,
State of Tamil Nadu, Fort St. George,
Secretariat, Chennai-600 009.
2. The Principal Secretary,
Department of Municipal Administration and Water Body,
Fort St. George, Secretariat,
Chennai-600 009.
3. The Engineer in Chief (Water Resources Organisation)
Public Works Department,
Chepauk, Chennai – 600 005.
4. The District Collector,
Office of the District Collector,
Madurai District.
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5. The Assistant Director (Panchayat),
Madurai District,
Madurai.
6. The Chief Engineer,
Public Works Department,
Water Resources Organisation,
Madurai Region,
Thallakulam,
Madurai-625 002.
7. The Superintending Engineer,
Public Works Department,
Water Resources Organisation,
Periyar Vaigai Basin Circle,
Madurai Region.
Madurai-625 002.
8. The Executive Engineer,
Public Works Department,
Irrigation Section No.II,
Periyar Vaigai Basin Sub Division No.1,
Madurai-625 002.
9. The Tahsildar,
Office of the Tahsildar,
Madurai East Taluk,
Madurai.
10.The Block Development Officer,
Office of the Block Development Officer,
Madurai East Panchayat Union,
Race Course Road,
Madurai.
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G.R.SWAMINATHAN.J,
AND
B.PUGALENDHI.J,
skm
WP(MD) NO. 3701 of 2026
26-02-2026
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