Madras HC Orders Tamil Nadu to Seal Abandoned Borewells, Quarry Pits in Thoothukudi
The Madras High Court has given the Tamil Nadu government six weeks to seal abandoned borewells and quarry pits in Thoothukudi to ensure public safety.
In a significant move to prevent fatal accidents and ensure public safety, the Madurai Bench of the Madras High Court has directed the Tamil Nadu government to identify and close all abandoned borewells and quarry pits across the Thoothukudi district within a strict six-week deadline.
The order was delivered on Tuesday by a division bench consisting of Justices P Velmurugan and KK Ramakrishnan. The court's decision comes as a result of a Public Interest Litigation (PIL) filed by SMA Pon Gandhimathinathan, a resident of Thoothukudi, who raised alarms over the growing number of unsecured pits and wells in the region.
A Grave Threat to Public and Animal Safety
The petitioner highlighted a dangerous trend where unused stone quarry pits, borewells, and traditional wells have been left uncovered, many of them situated perilously close to public roads. According to the PIL, these open hazards pose a severe threat to pedestrians and commuters.
Beyond human risk, the petitioner emphasized that cattle and other stray animals are frequently at risk of falling into these deep, uncovered holes, often leading to tragic outcomes.
Failure of Local Administration
The court was informed that the petitioner had previously submitted multiple representations to the relevant authorities. He had requested a comprehensive field inspection across the Thoothukudi district to identify these hazards and implement necessary safety measures. However, the petitioner contended that despite these pleas, no effective action had been taken by the administration.
Legal Precedents and Government Guidelines
To strengthen the case, the petitioner referred to two critical sets of guidelines:
- Supreme Court Mandate: A directive from the apex court dated August 6, 2010, which outlined specific safety measures to prevent fatal accidents involving abandoned borewells.
- State Government Directives: Guidelines issued by the Tamil Nadu Chief Secretary in 2023, which explicitly instructed all District Collectors to locate and secure abandoned wells and quarry pits.
What Does 'Proper Closing' Entail?
The court's direction aligns with the Supreme Court's 2010 guidelines, which specify that abandoned borewells must not simply be covered, but filled from the bottom up to the ground level using materials such as:
- Clay and sand
- Boulders and pebbles
- Drill cuttings
Furthermore, the guidelines mandate that once a borewell or tubewell is abandoned, the responsible agency must obtain a certificate from the concerned department confirming that the structure has been filled up to the ground level. The framework also allows for random inspections to ensure compliance.
The Madras High Court has now posted the matter for a follow-up hearing in six weeks, at which time the Tamil Nadu government must submit a compliance report detailing the actions taken to secure the district.