R.Elilarasan v. The Principal Chief Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY R.ELILARASAN ... Petitioner Vs 1.
THE PRINCIPAL CHIEF ENGINEER, CHEPAUK, CHENNAI - 600 005.
2.
THE CHIEF ENGINEER, COIMBATORE ZONE, COIMBATORE DISTRICT.
3.
THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, 4.
THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, ERODE, ERODE DISTRICT.
5.
THE TAHSILDAR, 6.
THE DEPUTY TAHSILDAR, 7.
THE EXECUTIVE ENGINEER, 1/6
LOWER BHAVANI PROJECT LINE, 8.
THE ASSISTANT EXECUTIVE ENGINEER, LOWER BHAVANI PROJECT LINE, 9.
THE VILLAGE ADMINISTRATIVE OFFICER, CHENNASAMUDRAM VILLAGE, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the 4th to 9th respondents regarding calculating the irrigation time per acre and preparing a new schedule according to the irrigation order and allotting water according to irrigation time (time sheet) in the kilpavani Irrigation canal 18/4 direct vent to everyone in the same amount without any quarrels in Chennasamuthram 'A' Village Kodumudi Taluk, Erode district by considering petitioner's representation dated 27.08.2022, 30.09.2022 & 12.10.2022.
For Petitioner : Mr.G.Aswath For R1, R2, R7, R8 & R9 : Mr.V.Venkata Seshaiya Government Advocate For R3 to R6 : Dr.S.Suriya Additional Government Pleader
ORDER
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This writ petition is filed seeking a mandamus directing the respondents 4 to 9 to calculate the irrigation time per acre, prepare a new schedule according to the irrigation order and allot water based on the irrigation time (time sheet) in the Kilpavani Irrigation canal 18/4, along with consequential reliefs.
2. The case of the petitioner is that the petitioner holds agricultural lands. At present, there are standing crops and coconut trees on the said lands. The land is covered by the irrigation scheme. The canals have already been set up to serve the petitioner's land and irrigation channels run through the petitioner's land. However, due to certain third parties not properly utilising the water and the fact that the respondents have not fixed the proper irrigation time, the entire irrigation system is misused by the third parties and no water ever reaches the petitioner's land. Even in this year's monsoon season, the petitioner's land did not receive any water. Therefore, the petitioner has made a representation and has come before this Court.
3. When the matter came up for admission, the learned Government Advocate appearing on behalf of the respondents 1, 2, 7, 8 and 9 would submit 3/6
that a peace committee meeting would be conducted by the Revenue Divisional Officer to ensure that water reaches the land of the petitioner.
4. In view thereof, this writ petition is disposed of on the following terms:- (i) As undertaken before this Court, the fourth respondent shall conduct a peace committee meeting by issuing notice to the petitioner as well as the other affected land owners in order to resolve the issue and ensure that water reaches the petitioner's land also.
(ii) If no amicable solution could be arrived at, the fourth respondent shall consider the representation of the petitioner with reference to framing of appropriate time scheme ensuring optimum utilization of the water and no farmer including the petitioner who are covered under the scheme goes without water.
(iii) No costs.
21.02.2025 nsl To 1.
THE PRINCIPAL CHIEF ENGINEER, CHEPAUK, CHENNAI - 600 005.
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2.
THE CHIEF ENGINEER, COIMBATORE ZONE, COIMBATORE DISTRICT.
3.
THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, 4.
THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, ERODE, ERODE DISTRICT.
5.
THE TAHSILDAR, 6.
THE DEPUTY TAHSILDAR, 7.
THE EXECUTIVE ENGINEER, LOWER BHAVANI PROJECT LINE, 8.
THE ASSISTANT EXECUTIVE ENGINEER, LOWER BHAVANI PROJECT LINE, 9.
THE VILLAGE ADMINISTRATIVE OFFICER, CHENNASAMUDRAM VILLAGE, D.BHARATHA CHAKRAVARTHY, J.
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