Ullar Muriapanchan Vivasaya v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2015 CORAM :
THE HONOURABLE MR.JUSTICE R.SUDHAKAR AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.11815 of 2014 Ullar Muriapanchan Vivasaya Sangam, (Registration No.42/2014) through its President Ramkumar, Rayagiri , Sivagiri Taluk, Tirunelveli District ... Petitioner Vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.
3.The Superintending Engineer, Vaipparu Vadinilavattam, Virudhunagar, Virudhunagar District.
4.The Executive Engineer, Mela Vaippar Vadinilakottam, Rajapalayam Virudhunagar District.
5.The Assistant Executive Engineer, Public Welfare Department, Mele Vaippar Vadinilakottam, Sankarankoil, Tirunelveli District.
6.S.R.Subramanian, President, Rasingaperi Tank Water User Association.
residing at Door No.40A Balavinayagar Kovil Street, Sivagiri Taluk, Tirunelveli District.
7.S.Rathinavelu, President, Periya Aavudaiperi, Chinna Avudaiperi and Vijayarengaperi Irrigation Tanks Water user Association, residing at Door No.2/new No.3, Nethaji Road, Sivagiri Taluk, Tirunelveli District.
(RR- 6 & 7 impleaded vide order dated 01.09.2015)
8.M.Murugesan President, Uruvatti - Pullantharai - Sholanandakkal & Uyarkudi Irrigation Tank Water Users Assn., Vishwanathaperi, Sivagiri Taluk, Tirunelveli District.
9.S.Ramaraj Ayacutdar - Muthurkulam No.5/192, Dhroupathi Amman Kovil Street, Vishwanathaperi, Sivagiri Taluk, Tirunelveli District.
10.P.Radhakrishnan, Managing Committee Member of Uruvatti - Pullantharai - Sholanandakkal (Karuppakudumban Anaikattu) & Uyarkudi Irrigation Tank Water Users Assn., No.1/49, Sakthi Kilamel Street, Vishwanathaperi, Sivagiri Taluk, Tirunelveli District.
(RR-8 to 10 impleaded vide order dated 01.09.2015) ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents to make arrangements to permit the water as mamool and entitled in the 'A' register and memoir into the Muriyapanchan river from the point Muriyapanchan dividing dam, situated in Muriyapanchan in Sivagiri Taluk Tirunelveli District.
For Petitioner : Mr.P.Subbaraj For RR - 1 to 5 : Mr.C.Selvaraj Special Govt. Pleader For RR - 6 & 7 : Mr.S.Meenakshi Sundaram For RR - 8 to 10 : Mr.M.P.Senthil
ORDER
(Order of the Court was made by R.SUDHAKAR,J.) This writ petition has been filed in public interest, seeking for a direction to the respondents 1 to 5 to make arrangements to permit the water, into the Muriyapanchan river from the point Muriyapanchan dividing dam, situated in Muriyapanchan in Sivagiri Taluk, Tirunelveli District.
2. Considering the rival claims with regard to sharing and usage of water, the District Collector, Tirunelveli District/first respondent herein and other Officers of PWD Department are directed
to consider the claim of the petitioner, and decision should be taken at the earliest.
3. The writ petition is disposed of with the above direction. No costs. Connected Miscellaneous petition is closed. Sd/- Assistant Registrar(J) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.
3.The Superintending Engineer, Vaipparu Vadinilavattam, Virudhunagar, Virudhunagar District.
4.The Executive Engineer, Mela Vaippar Vadinilakottam, Rajapalayam, Virudhunagar District.
5.The Assistant Executive Engineer, Public Welfare Department, Mele Vaippar Vadinilakottam, Sankarankoil, Tirunelveli District.
+One cc to Mr.P.Subbaraj, Advocate, SR.No.50969 +One cc to The Special Government Pleader, SR.No.50876 mj RL/8c - 1/10/2015 W.P.(MD)No.11815 of 2014 01.09.2015