Ayyanar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.11767 of 2020 Ayyanar ... Petitioner Vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Assistant Engineer, Public Works Department, Mimisal, Pudukottai District.
3.The Revenue Divisional Officer, Aranthangi, Pudukottai District.
4.The Tahsildar, Avudaiyar Kovil Taluk, Pudukottai District.
5.The Block Development Officer, Avudaiyarkoil Taluk, Pudukkottai District.
6.The President, Kanadu Village, Manmelkudi Taluk, Pudukottai Distritct.
7.Selvaraj 1/5
8.Karuppiah 9.Ayyavu 10.Koothaperumal 11.Rengasamy 12.Arumugam ... Respondents [RR5 to 12 suo motu impleaded vide Court order dated 12.10.2020 in W.P.(MD) No.14115 of 2020] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from diverting the water flowing from "Periya Eri Tank" to "Chinna Eri Tank" by placing a diversion at Survey No.2 of Kannakkur Village, Avudaiyar Kovil Taluk, Pudukottai District in order to unfairly facilitate the water flow exclusively to "Kanadu Eri Tank" which comes under the jurisdiction of the respondents herein. For Petitioner :
Mr.A.Azhagesan for Mr.K.R.Laxman For RR1 to 5 :
Mr.P.Thilakkumar Government Pleader For R6 :
Mr.P.Jamal Mohamed For RR7 to 12 :
Mr.R.Paranjothi
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted forbearing the respondents from diverting the water flowing from "Periya Eri Tank" to 2/5
"Chinna Eri Tank" by placing a diversion at Survey No.2 of Kannakkur Village, Avudaiyar Kovil Taluk, Pudukottai District in order to unfairly facilitate the water flow exclusively to "Kanadu Eri Tank" which comes under the jurisdiction of the respondents herein.
2. Water for irrigation is to be regulated in consonance with the statutes, if any or as per the guidelines issued by the Government for the benefit of the farmers/Ayacutdars in the particular locality. High Court, not being an expert body, cannot issue any direction in order to divert the water or restrain the authorities from diverting the water. It is to be done based on various factors and as per the guidelines issued by the Government then and there.
3. With the above clarification, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [A.D.M.C., J.] 23.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No 3/5
abr To 1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Assistant Engineer, Public Works Department, Mimisal, Pudukottai District.
3.The Revenue Divisional Officer, Aranthangi, Pudukottai District.
4.The Tahsildar, Avudaiyar Kovil Taluk, Pudukottai District.
5.The Block Development Officer, Avudaiyarkoil Taluk, Pudukkottai District.
4/5
S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE, J.
abr 23.07.2025 5/5