K.A.Balu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2016
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No. 11379 of 2016 K.A.Balu ... Petitioner Vs.
1. The District Collector, Coimbatore.
2. The Sub-Collector, Coimbatore-18.
3. The District Revenue Officer, Coimbatore - 18.
4. The Tahsildar, Pollachi Taluk, Coimbatore District.
... Respondents Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the representation dated 29.02.2016 and to hear the petitioner along with all the villagers, who are close proximity of Azhiyar River before taking decision of granting permission to draw a water through pipe line to a individual from Azhiyar river proximity. For Petitioner : Mr.S.Makesh For respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader
O R D E R
With the consent of both sides, the Writ Petition is taken up for final disposal.
2. The petitioner has come forward with the present Writ of Mandamus directing the respondents to consider the representation dated 29.02.2016 and to hear the petitioner along with all the villagers, who have close proximity of Azhiyar River before taking decision for granting permission to draw water through pipe line to an individual from Azhiyar river.
3. The petitioner is an agriculturist and residing in Kambalapatti, Pollachi Taluk, Coimbatore District. Most of the families in his village are agriculturalist. The petitioner's village is a very remote village in Pollachi Taluk, Coimbatore District. All the agriculturists in his village used to draw water from the Well and the source for the well is Azhiyar River. Unless water source is available in Azhiyar river, the villagers may not get water in their wells. Almost all the villagers, who are doing agriculture are having well in their respective agricultural lands, situated adjacent to the Azhiyar River. The petitioner have totally 7.84 hectares of land in S.Nos.259, 260, 262, 263 & 264 with different sub-division and the Patta Number is 231. The said property is situated in Kambalapatti Village, Pollachi Taluk, Coimbatore district.
Similarly, petitioner's mother Saraswathi is having 5.78 hectares in S.Nos.259, 433 with different sub-divisions in Patta No.16 in the same village. Similarly all the other persons, who are residing in the said village are also having lands in different survey numbers. All the agricultural lands are in close proximity to the Azhiyar river.
4. One Mr.Rathinam & Anandan, who are sons of Kandasamy Gounder are having lands in Jallipatti village to an extent of 2.9.0 hectares in S.No.176/1, 176/2A, 177 in Patta No.97. The water source for their lands is also through the well. Their wells are also in close proximity to the Azhiyar River. Apart from the said lands, the said Rathinam and Anandan are also having lands in Kodangi Patti Village, to a total extent of 15.26.0 hectares in S.Nos.279, 280, 287/2, 294/3, 294/4A, 295/1A2, 297/3C2, 298/3, 283/1B, 286/1, 296/1, 296/2, 297/3A & 297/3B1 in Patta No.354. The water sources for the said lands situated in Kodangipatti village are from Thirumoorthy River. While so, the said Rathinam and Anandan are planning to draw water for their lands in Kodangipatti village through their well in Jallipatti village, which is situated in Azhiar river proximity, through two pipe lines. The distance between
Jallipatti Village to the Kodangipatti village is around 7 kms. If it is allowed, the source of water from the well would drastically go down and ultimately, the others in the village would not get water even for drinking purpose. In order to avoid the complication, the villagers gave a representation before the District Collector on 26.02.2015. Subsequently, they gave another representation on the grievance day meeting of the first respondent, on 29.06.2015 in this regard. The petitioner made a representation on 29.02.2016 to all the respondents requesting them that before taking decision with regard to grant of permission to the said Rathinam and Anandan, their village people should be heard. But, the respondents have not come forward to consider the same so far. Hence, he has come forward with the present writ petition.
5. Heard the submissions of learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
6. Considering the facts and circumstances, without going into the merits of the claim made by the petitioner, this Court directs the 3rd respondent to consider the representation of the petitioner dated 29.02.2016 and pass an appropriate order, on merits in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording opportunity of personal hearing to the petitioner as well as to the said Rathinam and Anandan and also other necessary parties, if any. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner and it is for the third respondent to decide the representation purely on merits.
7. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mrp To
1. The District Collector, Coimbatore.
2. The Sub-Collector, Coimbatore-18.
3. The District Revenue Officer, Coimbatore - 18.
4. The Thashildhar, Pollachi Taluk, Coimbatore District.
+1cc to Mr.S.Makesh, Advocate, S.R.No.19097 +1cc to the Government Pleader, S.R.No.19402 W.P.No.11379 of 2016 AK(CO) CA(29/04/2016)