Duraisamy v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.6496 of 2021 and WMP.No.17354 of 2022 Duraisamy

...Petitioner

Vs.

1.The Sub Collector, Sub Collector Office, Dharapuram, Tiruppur District 2.The Chief Engineer, Water Resource Organization, Public Work Department, Coimbatore Region, Coimbatore 3.The Supervising Engineer, Parambikkulam Aliyar Project, Public Work Department, Makkinampatti Post, Pollachi 4.Ramasamy 5.Magesh 6.Thiyagarajan ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 herein to conduct the enquiry regarding the obstruction of irrigation caused by the respondents 4 to 6 and consequently direct the respondents 1 to 3 to provide irrigation through branch canal from Manurpalayam to 1/4

Pellampatti sluice No.12 through PAP water irrigation. For Petitioner : Mr.W.Camyles Gandhi For Respondents For R1 to 3 : Mr.E.Vijay Anand, Additional Government Pleader For R4 to 6 : Mr.C.Prakasam

ORDER

This writ petition has been filed for direction to respondents 1 to 3 to consider the representation submitted by the petitioner seeking to conduct enquiry with regards to obstruction of irrigation caused by respondents 4 to 6.

2.

Heard, the learned counsel appearing on either side. 3.

The petitioner and his family members own agricultural , /lands in SF.Nos.50/3B, 53/6, 50/4, 50/6, 53/2, 53/4A, 53/7, 53/9, 53/11, 53/8 and 50/2B to a total extent of 13.46 acres situated at Navanari Village, Dharapuram Taluk, Tiruppur District. The petitioner is getting water from the branch canal from Manurpalayam to Pellampatti sluice No.12 through Parambikkulam Aliyar Project water irrigation. While 2/4

being so, respondents 4 to 6 are causing obstruction to irrigate their agriculture fields and also creating disturbance to irrigate their agriculture lands. Therefore, the petitioner submitted representation to take appropriate action as against respondents 4 to 6. 4.

In view of the above facts and circumstances of the case, the third respondent is directed to conduct enquiry after issuance of notice to the petitioner and respondents 4 to 6 and to dispose of the representation submitted by the petitioner within a period of twelve weeks from the date of receipt of copy of this order.

5.

With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

12.06.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Sub Collector, Sub Collector Office, Dharapuram, Tiruppur District 2.The Chief Engineer, Water Resource Organization, Public Work Department, Coimbatore Region, Coimbatore 3.The Supervising Engineer, Parambikkulam Aliyar Project, Public Work Department, Makkinampatti Post, Pollachi 12.06.2024 4/4