Chitteri Vasista Nathi Vivasayeekal v. The Executive Engineer (Pwd)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Chitteri Vasista Nathi Vivasayeekal Nalasangam (Reg.No.69/2019), Rep. by its President, P.Subramanian, No.4/10, Mappillai Nagar, Shitteri Post, Attur Taluk, Salem District.
... Petitioner Vs.
1.The Executive Engineer (PWD), Vellar Basin Division, Virudhachalam.
2.The Assistant Executive Engineer, Water Resource Department, Vellar Basin Sub Division, Kallakurichi.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to release water periodically on the rotation basis from Periyar Dam constructed in Vasista Nathi in Periyeri Village as recommended by the 2nd respondent vide Lr.No.Ko.48/2019/u.se.Po.(Ka.ku) dated 14.10.2019 for the benefits of the farmers downstream of the Dam.
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For Petitioner : Mr.P.Muthusamy For Respondents : Mrs.S.Anitha Special Government Pleader *****
ORDER
The petitioner has filed this writ petition seeking a direction upon the respondents to release water periodically on the rotation basis from Periyar Dam constructed in Vasista Nathi in Periyeri Village as recommended by the 2nd respondent vide Lr.No.Ko.48/2019/u.se.Po. (Ka.ku), dated 14.10.2019 for the benefits of the farmers downstream of the Dam.
2. Mrs.S.Anitha, learned Special Government Pleader, accepts notice on behalf of the respondents. In view of the consent expressed by the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The petitioner association was established for the welfare of the farmers in the Chitteri Vasista Nathi area (presently it is known as Vallar water basin division) to protect the cultivation in the said area. A Page No.2 of 6
river called 'Vasista Nathi' starts from Kolli hills runs several miles and farmers along side of the river is the beneficiaries and they are mainly depending on the said river for irrigation. This being the situation, the State Government had passed G.O.No.17, dated 18.01.2018 to construct a dam near the village Periyeri without seeking for opinion of the farmers beyond the periyer village. By constructing the dam, water in the said river was diverted to nearby districts and the farmers those who were benefited so far was affected. Therefore, the petitioner association made several representations before the respondents, pursuant to which, the 2nd respondent vide letter dated 14.10.2019 requested the 1st respondent to release water of 50 cubic feet per second on all days when water is available at river and during scarcity, to release water periodically on the rotation basis to the benefit of all farmers. Since the same was not implemented by the 1st respondent, the petitioner association has filed this writ petition before this Court for appropriate orders.
4. Though very many grounds have been raised in this writ petition, learned counsel appearing for the petitioner submits that, it would suffice, if this Court issues a direction to the 1st respondent to implement the recommendation forwarded by the 2nd respondent, dated Page No.3 of 6
14.10.2019, within a time frame that may be fixed by this Court.
5. In view of the limited request sought for by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the 1st respondent to implement the recommendation of the 2nd respondent, vide letter, dated 14.10.2019, within a period of twelve (12) weeks from the date of receipt of a copy of this order, if there is no legal impediment.
6. With the above direction, this Writ Petition is disposed of. No costs.
14.10.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The Executive Engineer (PWD), Vellar Basin Division, Virudhachalam.
2.The Assistant Executive Engineer, Water Resource Department, Vellar Basin Sub Division, Kallakurichi.
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M.DHANDAPANI, J.
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