Dharapuram Taluk Uppar Irregation Agriculturalist Welfare Association, v. The Principal Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2025 CORAM :
THE HON'BLE MR. JUSTICE N.ANAND VENKATESH Dharapuram Taluk Uppar Irrigation Agriculturalist Welfare Association rep. by its Member P.Thiruganasampathamurthy S/o. S.Palanisamy Gounder Chinnagoundanpalayam Dharapuram Taluk, Tiruppur District ..
Petitioner vs
1. The Principal Secretary to the Government Public Works Department Fort St. George Chennai 600 009
2. The District Collector Tiruppur District
3. The Principal Chief Engineer - Cum - Chief Engineer Water Resource Department Public Works Department, Chepauk Chennai 600 005
4. The Chief Engineer Water Resource Department Public Resource Department Coimbatore Division, Coimbatore
5. The Superintending Engineer Parambikulam Aliyar Project Pollachi Division Coimbatore District
6. The Executive Engineer Thirumurthy Division PAP Project, Udumalpet Tiruppur District
7. K.Paramasivam S/o.Karuppusamy Gounder Ex-Chairman Parambikulam-Aliyar Project Thirumoorthi Reservoir Project Committee R.Ponnapuram and Post Mahalingapuram Via, Pollachi Taluk Coimbatore District (R7 impleaded vide order dated 01.02.2019 in WMP.662/2019 in WP.46/2019)
8. The Managing Director TANGEDCO Chindadiripet, Chennai
9. The Managing Director TWAD Board, Chennai (R8 & R9 Suo motu impleaded as per order dated 16.12.2019 in WP.46/2019)
10.The Commissioner Land and Administration Department Chepauk, Chennai 11.The Principal Secretary to Government Revenue Department Fort St.George, Chennai-9 (R10 & R11 impleaded vide order dated 30.07.2021 in WMP.16940/21 in WP.46/2019) 12.The Additional Chief Secretary to Government Water Resources Department Secretariat, Chennai-9 (R12 suo motu impleaded vide order dated 01.07.2022 in WP.46/2019) 13.The Secretary Cauvery Water Management Authority Upper Ground Floor, MTNL Building Bhikaji Cama Palace New Delhi 110 066 (R13 suo motu impleaded as per order dated 12.07.2024 in WP.46/2019) ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 2 to 6 respondents to release the 300 million cubic feet water from Thirumurthy Dam to Uppar Dam as per G.O.Ms.506 PWD Department dated 01.06.1994 issued by the 1st respondent forthwith and also ensure the entire 300 million cubic feet water should reach the Uppar Dam in Dharapuram Taluk, Tiruppur District. For Petitioner ::
Mr.M.M.Kumaravelu For Respondents ::
Mr.P.Muthukumar Additional Advocate General
for R4 to R6 Ms.P.Aishwarya for R2 Mr.C.Prakasam for R7 Mr.I.Syed Sibghatulla Standing Counsel for R8 Mr.AR.L.Sundaresan Additional Solicitor General assisted by Mr.C.Kulanthaivel Senior Panel Counsel for R13
ORDER
This writ petition has been filed for issuance of a writ of mandamus, directing the respondents 2 to 6 to release 300 million cubic feet water from Thirumurthy Dam to Uppar Dam, as per G.O.Ms.506, Public Works Department dated 01.06.1994 issued by the 1st respondent forthwith and also to ensure that the entire 300 million cubic feet of water reach the Uppar Dam in Dharapuram Taluk, Tiruppur District.
2. During the pendency of this writ petition, various orders came to be passed by the learned single Judge till 20.11.2024. The submissions made by the learned counsel for the petitioner, learned counsel appearing for the contesting respondent and also the learned Additional Advocate General
were taken into consideration.
3. In the considered view of this Court, the release of 300 million cubic feet of water from Thirumurthy Dam to Uppar Dam is dealt with in the Government Order in G.O.Ms.No.506 dated 01.06.1994. The said Government Order itself provides for the checks and balances for the purpose of releasing the water. It is very difficult for this Court to monitor the release of water every time and this Court is not an expert to undertake that exercise. Ultimately, there is a Government Order, which governs the field and hence the respondents shall only ensure that the terms of G.O.Ms.No.506 dated 01.06.1994 are strictly followed.
4. This writ petition is disposed of with the above observation. Consequently, W.M.P.Nos.50, 51 of 2019 & 1837 of 2021 are closed. No costs.
Index : yes/no 16.06.2025 ss
To
1. The Principal Secretary to the Government Public Works Department Fort St. George Chennai 600 009
2. The District Collector Tiruppur District
3. The Principal Chief Engineer - Cum - Chief Engineer Water Resource Department Public Works Department, Chepauk Chennai 600 005
4. The Chief Engineer Water Resources Department Public Resources Department Coimbatore Division, Coimbatore
5. The Superintending Engineer Parambikulam Aliyar Project Pollachi Division Coimbatore District
6. The Executive Engineer Thirumurthy Division PAP Project, Udumalpet Tiruppur District
7. The Managing Director TANGEDCO Chindadiripet, Chennai
8. The Managing Director TWAD Board, Chennai
9. The Commissioner Land Administration Department Chepauk, Chennai 10.The Principal Secretary to Government Revenue Department Fort St.George, Chennai 600 009 11.The Additional Chief Secretary to Government Water Resources Department Secretariat, Chennai 600 009 12.The Secretary Cauvery Water Management Authority Upper Ground Floor, MTNL Building Bhikaji Cama Palace New Delhi 110 066
N.ANAND VENKATESH,J.
ss 16.06.2025