Madras High CourtWP(MD)/8906/2021disposed of

Thangaraj.P v. The District Collector

2023-08-25Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.6698 of 2021 P.Thangaraj ... Petitioner vs 1.The District Collector, 2.The Revenue Divisional Officer, Palani, 3.The Tahsildar, 4.The Block Development Officer, Palani Union Office, 5.The Panchayat President, Amarapoondi Village Panchayat, Amarapoondi Village, 1/5

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents, not to prevent the petitioner to irrigate water from Pikkulam Tank, Amarapoondi village for his Nanja land situated in Survey No.291/2A of Amarapoondi Village, Palani Taluk. For Petitioner : Mr.K.Anandan For R1 to R4 : Mr.R.Sureshkumar Additional Government Pleader *****

O R D E R

This Writ Petition is filed for writ of mandamus to direct the respondents not to prevent the petitioner to irrigate water from Pikkulam Tank, Amarapoondi village for his Nanja land situated in Survey No.291/2A of Amarapoondi Village, Palani Taluk.

2. The petitioner is having 4.09 acres of Nanja land and 20 acres of Punja land in survey No.291/2A of Amarapoondi Village, Palani Taluk. The petitioner is cultivating Paddy in his land. The petitioner has purchased the said land under 2/5

the three sale deeds dated 03.05.1995, 03.05.1995 and 09.07.1998. In the sale deed itself, it has been mentioned that the petitioner has right to irrigate and hence the petitioner claims he is entitled to irrigate water from Pikkulam Tank.

3. The learned Additional Government Pleader appearing for the respondents submitted that the Pikkulam Tank water is necessary for the villagers. During the dry season the respondent block the water and reserve the water for usage of the villagers and the petitioner is not entitled to get the water for agriculture. Whenever the dry season is there, the respondents may block the water, otherwise the petitioner is entitled to get water.

4. On the other hand, the learned counsel for the petitioner submitted that the respondents 1 to 4 had specifically directed the 5th respondent / Panchayat President not to block the free passage of water, inspite of the same the Panchayat President is blocking the water.

5. In view of the above, the first respondent/District Collector is directed to look into the case. If the Collector has passed any order not to block the free flow 3/5

of water, then the Collector shall take effect steps to implement his order. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

6. In the result, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

25.08.2023 Index : Yes / No Internet : Yes am To 1.The District Collector, 2.The Revenue Divisional Officer, Palani, 3.The Tahsildar, 4.The Block Development Officer, Palani Union Office, 4/5

S.SRIMATHY, J am Order made in 25.08.2023 5/5