A writ petition sought a mandamus directing authorities to open a sluice gate on an irrigation canal near Kilinjal Lake so excess rainwater would drain and not flood agricultural land. Officials produced a rough sketch and photographs showing no such sluice gate exists; the court found it could not direct opening of a non-existent gate.
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W.P(MD)No.5703 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Writ Petition(MD)No.5703 of 2025
R.Krishnamoorthy ... Petitioner
Vs
W.P(MD)No.5703 of 2025
7.The Executive Authority, Office of Village Panchayat, Mandalkottai Village, Orathanadu Taluk, Thanajavur District.
8.R.Kesavan
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 6th respondent to take appropriate action as per Letter dated 18.12.2024 of the 3rd respondent on the petitioner's representation dated 18.10.2024 to open during rainy season every year, the sluice gate at No.10 irrigational canal coming from Gate 2/5, Kallanai Kalvai Rajamadam Canal, and situated near Kilinjal Lake in Vadakkikottai Village, Orathanadu Taluk, Thanjavur District within a stipulated period of time as this Court may fix.
For Petitioner : Mr.D.Gnanasekaran
For Respondent : Mr.A.Kannan Addl. Govt. Pleader (for RR1 to 6)
Mr.N.Ramesh Arumugam Govt. Advocate (for R7)
ORDER
The petitioner has approached this court for issuance of a Writ
of Mandamus to direct the 6th respondent to take appropriate action and open the sluice gate at No. 10 irrigational canal coming from Gate 2/5, Kallanai Kalvai Rajamadam Canal, and situated near Kilinjal Lake in Vadakkikottai Village, Orathanadu Taluk, Thanjavur District.
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be opened during the rainy season in order to drain the excess water into Kilinjal Lake and thereby, preventing flooding of his agricultural lands.
account of the alleged commercial activities carried on by the 8th respondent, I directed Mr.A.Kannan, learned Additional Government Pleader, to take notice for the respondents 1 to 6, and Mr.N.Ramesh Arumugam, learned Government Advocate, to take notice for the 7th respondent and get instructions in this regard.
records to show that the storage water in the tank does not affect the right of the writ petitioner.
photograph of the area in question.
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2.The Tahsildar, Orathanadu Taluk, Orathanadu – 614 625, Thanjavur District.
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V.LAKSHMINARAYANAN, J.
skn
Writ Petition(MD)No.5703 of 2025
12.03.2025
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1 issue framed by the court
Whether a mandamus can be issued to open a sluice gate near Kilinjal Lake to drain excess water during the rainy season.
1 provisions across 1 enactments
R.Krishnamoorthy
The District Collector, Thanjavur District
The Tahsildar, Orathanadu Taluk
The Executive Engineer, WRD, Kallanai Kalvai Kottam, Thanjavur
The Assistant Executive Engineer, WRD, Kallanai Kalvai Kottam, Pattukottai
The Assistant Engineer, Kallanai Kalvai Division, Veeikadu
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
