[Cites 2, Cited by 0]
Madras High Court
Lourdu Jerome vs The District Collector on 11 March, 2026
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.(MD)No.6602 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD)No.6602 of 2026
Lourdu Jerome ... Petitioner
-vs-
1.The District Collector,
Office of the District Collector,
Thanjavur District.
2.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Thanjavur District.
3.The Tahsildar,
Office of the Tahsildar,
Thanjavur Taluk,
Thanjavur District.
4.The Executive Engineer,
PWD,
Water Resources Department,
Ground Water Division,
Thanjavur District. ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents to interfere the supply of
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W.P.(MD)No.6602 of 2026
water to the persons who are all in needy through the Bore well situated in the
property of the petitioner in Survey No.169/52, situated at Nanjikottai Village,
Thanjavur District, on the basis of the representation dated 21.01.2026 within the
time stipulated by this Court.
For Petitioner : Mr.D.Senthil
for Mr.V.Malaiyendran
For Respondents : Mr.M.Lingadurai
Special Government Pleader
ORDER
The writ petition has been filed with a prayer not to interfere with the
supply of water to needy persons from the petitioner’s borewell, situated in
Survey No.169/52, Nanjikottai Village, Thanjavur District, based on his
representation dated 21.01.2026.
2. Upon hearing the learned counsel for the petitioner and perusing the
material records of the case, it is seen that the petitioner has a borewell in the
aforementioned survey number. The petitioner states that he is extracting water
and utilizing the same for commercial purposes. Earlier, the borewell was sealed,
and therefore, the petitioner seeks a direction that the authorities should not
interfere with his activity.
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3. The learned counsel for the petitioner also relied upon the order of the
Division Bench of this Court in A.Balamaniraj vs. The Additional Secretary
and others [W.P.(MD) No.20817 of 2023, dated 28.08.2023].
4. Per contra, the learned Special Government Pleader, taking notice on
behalf of the respondents, submitted that the extraction of groundwater has been
the subject matter of earlier litigation before this Court and that the policy of the
Government in this regard was framed vide G.O.(Ms)No.142, Public Works (R2)
Department, dated 23.07.2014, under the title “Regulations for Management of
Groundwater and Issue of No Objection Certificate / License for Extraction of
Groundwater in Tamil Nadu State.” Originally, the same was framed vide G.O.
(Ms)No.52, Public Works Department, dated 02.03.2012, and thereafter, updated
and amended vide G.O.(Ms)No.142, Public Works (R2) Department, dated
23.07.2014.
5. Under the said Government Order, any person who intends to extract
groundwater for commercial purposes must specify the purpose and make an
application for obtaining a No Objection Certificate from the Chief Engineer,
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Water Resources Department. The Government Order also provides that the
supply of groundwater for industries that use water as a raw material, highly
polluting industries, extraction from coastal areas, areas falling under the Palar
Basin Rules, and extraction points falling within 50 meters are prohibited.
6. If there is no prohibition and the region is not affected by groundwater
over-extraction, a No Objection Certificate will be granted. In fact, all the Firkas
throughout the State of Tamil Nadu have been inspected, and a detailed report has
been submitted by the appropriate committee. Based on the same, G.O.(Ms)No.
36, Water Resources (R1) Department, dated 18.07.2025, was issued classifying
the Firkas as Over-exploited, Critical, Semi-critical, Safe, and Saline or Poor
Quality. If the Firka in which the petitioner submits an application falls within the
Safe category, due permission will be granted.
7. I have considered the rival submissions made on either side.
8. In view of G.O.(Ms)No.142, Public Works (R2) Department, dated
23.07.2014, the petitioner has to make an application to the Chief Engineer, State
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Ground and Surface Water Resources Data Centre, Water Resources Department,
Chennai. However, the representation given by the petitioner seeking permission
was addressed to the Executive Engineer, Water Resources Department.
9. Therefore, this writ petition is disposed of on the following terms:
Within two weeks from the date of receipt of a web copy of this
order, the petitioner shall make a fresh application along with all the necessary
documents, as mandated under G.O.(Ms)No.142, Public Works (R2) Department,
dated 23.07.2014, to the Chief Engineer, State Ground and Surface Water
Resources Data Centre, Water Resources Department, Chennai. Upon receipt of
such application, the same shall be considered in accordance with law and
appropriate orders shall be passed within a period of twelve weeks from the date
of receipt of the said application.
No costs.
11.03.2026
Neutral Citation : Yes / No
smn2
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To:-
1.The District Collector,
Office of the District Collector,
Thanjavur District.
2.The Revenue Divisional Officer,
Office of the Revenue Divisional Officer,
Thanjavur District.
3.The Tahsildar,
Office of the Tahsildar,
Thanjavur Taluk,
Thanjavur District.
4.The Executive Engineer,
PWD,
Water Resources Department,
Ground Water Division,
Thanjavur District.
Copy to:-
The Chief Engineer,
State Ground and Surface Water Resources Data Centre,
Water Resources Department, Chennai.
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D.BHARATHA CHAKRAVARTHY, J.
smn2
11.03.2026
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