File criminal case against people extracting water illegally: Madras HC

Justice S.M.Subramaniam, held the ruling, on disposing of a writ petition by U.S.Palanivel seeking directions to regulate unauthorized pump sets installed on the banks of rivers and channels as per the Government Orders(GOs) passed by the state in 1962 and 1967. 

On recording the submission by the petitioner, the MHC held, “the said Government Orders (G.Os) were passed in the years 1962 and 1967 respectively and on account of various developments and changes in agricultural activities, the Government has to formulate a policy for the purpose of regulating the distribution of water for irrigation and other purposes.” 

Also, the court instructed the government to ensure that every citizen is entitled to the usage of water. 

“As the water is the property of our great nation and no citizen can claim any right over the river or dam water, which has to be distributed to all,” the judge said. 

The MHC has directed the authorities with the state public works department and water supply and drainage board to formulate a policy to regulate the distribution of water for irrigation and other purposes. 

“The authorities should do periodical inspections regarding illegal extraction of water either through pipelines or through any other mode by anybody and in the event of identifying any such illegal extraction of water, the criminal case is to be registered and all such persons involved in such illegalities must be prosecuted in the manner known to the law,” the court held. 

M.K.D.Muhilan, Government Advocate, submitted before the court that actions are being taken regularly in respect of the pipelines illegally laid for extracting water from the river. 

The petitioner alleged several people are illegally tapping water from the Bhavani river in Erode district. He wanted the government to regulate the usage of water and illegal connections to tap the water. 

“We are not opposing distribution of water to the unregistered ayacuts. However, due to illegal tapping, the distribution of water is being affected,” the petitioner mentioned.