Madras High Court
WP(MD)/28994/2026 of The Meenakshiamman Kanmoi Vs The District Collector on 8 October 2026
WP(MD) No. 28994 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 28994 of 2026
CNR:{HCMD011436252026}
AND
WMP(MD) No. 21975 of 2026
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WMP(MD) No. 21976 of 2026
CNR:{HCMD011436292026}
The Meenakshiamman Kanmoi
Neerinai Payanpaduthuvor Sangam,
Rep by its Member,
M.Nadu Churuli,
S/o.Mayandi Thevar,
B.Ammapatti,
Bodinayakanur,
Theni District.
..Petitioner(s)
Vs
1. The District Collector
Collectorate Building
Theni District.
2. The Chief Engineer
O/o. The Chief Engineer
Public Works Department
Madurai Division
Madurai District.
3. The Superintending Engineer
O/o.the Superintending Engineer
Water Resource Department
Periyar Vaigai Basin Division
Madurai - 625002.
WP(MD) No. 28994 of 2026
4. The Executive Engineer (P.W.D)
Manjalaru Water Resources Division
Periyakulam
Theni District.
5. The Assistant Executive Engineer (P.W.D)
Manjalaru Water Resources Division
Theni-district, Theni.
6. The Assistant Engineer (P.W.D)
Manjalaru Water Resources Division
Bodinaickanur
Theni District.
7. Rama Palanivelsamy High School Rep by its Secretary
I.Poongundran
Bodi-meenatchipuram
Bodinayakanur
Theni District
..Respondent(s)
PRAYER: (Water Body) Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the impugned No Objection Certificate in Letter No.296M Va4/Ko.224(NOC)/2026/dated 11.09.2026 on the file of the Respondent No.3 and quash the same as illegal, and to consequently direct the Respondents No. 1 to 6 to keep the Meenakshiamman Kanmoi in S.No.220 situated in B.Meenakshipuram Village, Bodi Taluk, Theni District free from any encroachment and mining activity within the time frame fixed by this court.
For Petitioner(s):
Mr.Lajapathi Roy
for M/s.Roy And Roy Associates
For Respondent(s):
Mr.M.Mahaboob Athiff
Special Government Pleader
for R1 to R6
Mr.F.X.Eugene for R7
WP(MD) No. 28994 of 2026
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard the learned Senior Counsel for the petitioner and the learned Special Government Pleader for R1 to R6 and the learned counsel for R7.
2. The 7th respondent is an aided private school. They have located a play ground at a particular survey number. To access the same, they need to put up a bridge across the Meenakshiamman Kanmoi in Bodi Taluk. They approached the authorities and obtained permission. The third respondent herein had issued proceedings favouring the 7th respondent. The same is put to challenge.
3. The learned senior counsel appearing for the petitioner contended that without getting the inevitability certificate to use the water body in question from the District Collector concerned, the proceedings have been issued. But the learned Special Government Pleader draws our attention to the certificate dated 19.01.2026 issued by the District Collector, Theni.
4. We are satisfied that only after getting the inevitability certificate, the impugned proceedings in favour of the 7th respondent was
WP(MD) No. 28994 of 2026 issued. Thereafter, the learned Senior Counsel submitted that there is no need to have bridge with a width of 9.50 meters. The learned Special Government Pleader clarifies that this Court can reduce the width of the bridge.
5. We are of the view that the width of the bridge need not be more than 10 feet. We direct the third respondent to issue an addendum laying down the width of the bridge permitted to be put up by the 7th respondent as 10 feet. All the other conditions will hold good.
6. We also issue a continuing mandamus to the respondent authorities to ensure that the conditions stipulated in the impugned order are not breached. We place on record the consent given by the seventh respondent through his counsel for the proposed modification. The Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.,J.) (B.P.,J.) 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rmi
WP(MD) No. 28994 of 2026 To
1. The District Collector Collectorate Building Theni District.
2. The Chief Engineer O/o. The Chief Engineer Public Works Department Madurai Division Madurai District.
3. The Superintending Engineer O/o.the Superintending Engineer Water Resource Department Periyar Vaigai Basin Division Madurai - 625002.
4. The Executive Engineer (P.W.D) Manjalaru Water Resources Division Periyakulam Theni District.
5. The Assistant Executive Engineer (P.W.D) Manjalaru Water Resources Division Theni-district, Theni.
6. The Assistant Engineer (P.W.D) Manjalaru Water Resources Division Bodinaickanur Theni District.
WP(MD) No. 28994 of 2026 G.R.SWAMINATHAN, J. AND B.PUGALENDHI, J. rmi WP(MD) No. 28994 of 2026 AND
08-10-2026