Marimuthu v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HON'BLE MR.JUSTICE SUNDER MOHAN and C.M.P(MD)No.14743 of 2024 Marimuthu .. Appellant/Petitioner Vs.
1. The District Collector, Tenkasi District, Tenkasi.
2.The Executive Engineer, Chittaru Irrigation Division, Tenkasi District.
3.The Executive Engineer, Highways Department, Kadayanallur, Tenkasi District.
4.The Block Development Officer, Kadayanallur Panchayat Union, Tenkasi District.
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5.V.Palanisamy 6.Sankaranarayanan 7.P.Suresh Kumar 8.Anna Mani .. Respondents/Respondents PRAYER: Writ Appeal under Clause 15 of Letters Patent Act praying to set aside the order dated 11.01.2024 made in W.P.(MD)No.28497 of 2023. For Appellants : Mr.G.Prabhu Rajadurai For Respondents : Mr.SRA.Ramachandran Additional Government Pleader for R1 to R4 : Mr.N.Shanmuga Selvam for Mr.P.Murugesan for R5 & R6 : Mr.S.Kumar for R7 & R8
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The dispute relates to riparian rights over water flowing from the western ghats as well as the sharing of water from ghats of two different irrigation 2/5
systems. The District Collector has passed orders for maintenance of ratio between the two Ayacutdhars. The said proceedings was the subject matter of challenge before the Writ Court. While faulting the Collector for not taking into account the entire irrigation system, the Writ Court, however, directed the parties to approach the civil Court since the exact proportion in which the water has to be shared would depend on evidence. Aggrieved over the same, one set of Ayacutdhars are before this Court. We are unable to interfere with the conclusions of the Writ Court, particularly, on the aspect of the maintainability of the writ petition and resolution of dispute over the riparian rights under Article 226 of the Constitution of India. We, therefore, do not find any merit in the appeal.
2. We, therefore, make it clear that if anyone of the parties choose to institute civil proceedings, the civil Court will decide the issue independently, without being influenced by any of the observations made in this proceedings by the Writ Court or in the order of the District Collector. 3/5
3. The Writ Appeal is dismissed with the above observation. The parties are directed to maintain status quo for four weeks. (R.S.M., J.) (S.M., J.) 22.10.2024 NCC : Yes/No Index : Yes / No PJL To
1. The District Collector, Tenkasi District, Tenkasi.
2.The Executive Engineer, Chittaru Irrigation Division, Tenkasi District.
3.The Executive Engineer, Highways Department, Kadayanallur, Tenkasi District.
4.The Block Development Officer, Kadayanallur Panchayat Union, Tenkasi District.
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R.SUBRAMANIAN, J.
and SUNDER MOHAN, J PJL 22.10.2024 5/5