S.Mathiyalagan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.19830 of 2017 S.Mathiyalagan : Petitioner -Vs1.The District Collector, Trichy District, Trichy.
2.The Executive Engineer, Public Works Department, (Water Resource Organization), RC Division, Trichy District.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents to remove the private pipe lines from the Pullampadi No.II Main Canal (Venkatachalapuram - Mangudi Irrigation area) on the basis of the Petitioner's representations dated 31.05.2017, 30.06.2017 and 21.08.2017 within the time frame fixed by this Court.
For Petitioner : Mr.T.Vadivelan For Respondents : Mr.M.Govindan, Special Government Pleader **********
O R D E R
[Order of the Court was made by M.VENUGOPAL, J.] Mr.M.Govindan, Learned Special Government Pleader, takes notice for the Respondents.
2. Heard both sides. No counter is filed on behalf of the Respondents.
3. By consent, the main Writ Petition itself is taken up for final disposal.
4. According to the Petitioner, the second Respondent/Public Works Department formed a canal from river Cauvery to the adjacent
Villages for irrigation purpose. Pullampadi Canal is also one of the main Canals from the river Cauvery, which is used for irrigation of water for Pullampadi Village and adjacent Villages. From the main Pullampadi Water Canal, there are so many sub-water Canals, which were formed to divide the water nearby Villages. The Pullampadi No.II Sub Canal is used for bringing the water to Venkatachalapuram and Mangudi Village.
5. It appears that from the Sub Canals, the second Respondent had put up cement concrete pipelines for apportionment of water as per the ratio of the irrigation area and level of the water. The farmers are using the water from the cement concrete pipelines and irrigating the same by rotation as per their area of the land. No one is permitted to get the water directly from the sub canal. All the farmers are using the water from their respective pipeline alone put up by the second Respondent.
6. The second Respondent is regularly maintaining the canal and has been taking action against the persons, who get water by putting up pipelines privately. Due to failure of monsoon last several years, there is no rainfall and water flow in the Canal. Nowadays, due to some rainfall in the area, meagre quantity of water is flowing in the Canal and the farmers are cultivating the lands, but, some persons illegally put up water pipelines privately under the deep level of the Canal, thereby, there is no water flow to the scarcity of the water. The Petitioner and others have been continuously requesting the second Respondent to remove the private pipelines from the Canal. However, no action is taken on the side of the second Respondent.
7. The Petitioner and other farmers have repeatedly addressed a representation to the first Respondent/District Collector on 31.05.2017, in which, the entire facts have been narrated and an action is sought for removal of the private pipelines put up in the Pullampadi No.II Main Canal. The first Respondent, after receiving the representation, had forwarded the same to the second Respondent for taking necessary action.
8. The grievance of the Petitioner is that the second Respondent had not taken any action to remove the private pipelines. Hence, the Petitioner once again made representations before the first Respondent on 30.06.2017 and 21.08.2017, which were forwarded to the second Respondent. In spite of the same, no action has been taken in the subject matter in issue. Hence, the Petitioner has preferred the present Writ Petition.
9. At this stage of the hearing, the Learned Special Government Pleader appearing for the Respondents submits that if a certain time limit is fixed by this Court for disposal of the representations of the Petitioner beginning from 31.05.2017,
30.06.2017 and 21.08.2017 respectively, then, the second Respondent will take necessary action in the matter in a diligent fashion.
10. Considering the fact that the Petitioner's three representations dated 31.05.2017, 30.06.2017 and 21.08.2017 have not seen the light of the day in the hands of the second Respondent, this Court, at this stage, deems it fit and proper to issue necessary directions to the second Respondent to look into the three representations of the Petitioner referred to supra, within one week from the date of receipt of copy of this order. Thereafter, the second Respondent shall pass a reasoned speaking order on merits, of course, after adhering to the Principles of Natural Justice and also by hearing any other parties by issuing necessary notice to them, within a period of four weeks thereafter. It is open to the Petitioner to raise all factual and legal pleas before the second Respondent, who, shall take into account of the same at the time of passing the final order, within the time granted by this Court.
11. With the aforesaid observation(s)/direction(s), the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Trichy District, Trichy.
2.The Executive Engineer, Public Works Department, (Water Resource Organization), RC Division, Trichy District.
+One cc to Mr.T.Vadivelan, Advocate, SR.No.84494 +One cc to The Special Government Pleader, SR.No.84551 SML RL/5C/3P/KP/SAR1/13/11/2017 Order made in W.P.(MD)No.19830 of 2017 30/10/2017