Madras High Court Questions State Inaction Over Unauthorised Works Near Waterbody

The Madras High Court questioned official inaction over unauthorised construction near a waterbody while examining the detention of two villagers accused of damaging cement pipes.

Background and legal issue

The villagers had complained about a road and pipes laid near an irrigation tank without permission. Police arrested two men after protests, and a Sessions Court refused bail on information suggesting substantial damage to solar panels.

Legal reasoning and context

Justices G.R. Swaminathan and B. Pugalendhi recorded that police later acknowledged no solar panels had been damaged. The Bench did not approve vigilantism but questioned the fairness of continued detention where the authorities had failed to address the underlying complaints.

Legal effect and next step

The Court considered further custody unwarranted. The observations do not authorise private citizens to destroy property or replace lawful enforcement with self-help.