The Madurai Bench of the Madras High Court has directed the Secretary to the Water Resources Department to instruct Assistant Engineers to regularly inspect waterbodies under their control.

A Division Bench of Justices G.R. Swaminathan and B. Pugalendhi said the Water Resources Department was specifically carved out of the Public Works Department with a certain purpose. That purpose will not be achieved unless there is a periodical inspection.

The court said certificates should be submitted twice a year to departmental heads. It should be certified that waterbodies are free of encroachment and pollution. Water samples should be collected and tested. Lab analysis report should be enclosed. Facilities at the government laboratories could be used for this purpose.

Persons acting in breach of the instructions should be liable to face departmental proceedings, the court said.

The court was hearing the petition filed by M. Raja of Madurai who alleged that the water tank in Chinnakuravakudi in Usilampatti taluk was being polluted on account of illegal fish culturing. He sought a direction to the authorities to prevent illegal fish culturing and pollution of the water tank.

The court said encroachment is not the only threat. Pollution is a greater threat. It will affect the drinking water source. People have a fundamental duty to ensure that the water quality is preserved. The Constitution wants us to be compassionate towards all living creatures. On account of pollution, the water in the tank becomes unfit for drinking by the cattle. This shows lack of compassion on our part. It is a breach of constitutional duty. The collective duty of the citizens becomes the duty of the State, the court said.

The court directed the Water Resources Department to intervene in the matter and ensure that the water tank is restored. Action should also be taken against the persons who had illegally cultured fish in the tank, the court directed.