Sakthivel v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.12626 of 2025 R.Sakthivel ... Petitioner Vs.
1.The District Collector Collectorate, Pudukkottai District.
2.The Revenue Divisional Officer, Aranthangi Taluk, Pudukkottai District.
3.The Sub Inspector of Police, Nagudi Police Station, Pudukkottai District.
4.The Tahsildar Manamelkudi Taluk, Pudukkottai District.
5.The Assistant Engineer, Grant Anaicut (Kallanai Kalvoi) Sub Division, Nagudi, Manamelkudi Taluk, Pudukkottai District.
6.Palanivel 7.Bharath ... Respondents 1/6
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the 4th respondent in Na.Ka.1748/2025/A5 dated 10.06.2025 and to quash the same and consequently, to direct the 4th respondent to take appropriate action to open the Alamadai Sluice of Neervilankulam Eri of Neervilankulam Village, Manamelkudi Taluk, Pudukkottai District, to the Ayacut lands of Neervilankulam Eri immediately for the irrigation of agriculture activities with the assistance of the 3rd respondent within a time stipulated by this Court.
For Petitioner : Mr.R.Paranjothi For R1,R2,R4,R5 : Mr.M.Lingadurai Special Government Pleader For R3 : M/s.M.Aasha Government Advocate Advocate Commissioner : M/s.G.Porkodi *****
ORDER
The present Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the records of the impugned order passed by the 4th respondent in Na.Ka.1748/2025/A5 dated 10.06.2025 and consequently, to direct the 4th respondent to take appropriate action to open the Alamadai Sluice of Neervilankulam Eri of Neervilankulam Village, Manamelkudi Taluk, Pudukkottai District, to the Ayacut lands of Neervilankulam Eri immediately for the irrigation of agriculture activities with the assistance of the 3rd respondent within a time stipulated by this Court.
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2.The learned Counsel appearing for the petitioner submitted that the crops which are standing in the Ayacut land are drying because of non availability of water. Therefore, the petitioner sought the respondents to release the water, otherwise the standing plants would die and the petitioner would incur huge loss. 3.The learned Special Government Pleader appearing for the respondents 1, 2, 4 and 5 submitted that in order to allow fishing in the said tank, water could not be discharged. Further, water is necessary for the other villagers for drinking purpose.
4.In order to resolve the issue, this Court appointed an Advocate Commissioner. After vising the spot, the Advocate Commissioner has filed a report wherein it is stated that there is sufficient water in the other nine water tanks and if the water is let out from the other tanks, it will be sufficient for the need of the villagers. However, as far as the present tank is concerned, water is available which can be let out for agriculture purpose. Moreover, the water let out from the Mettur Dam will reach the present tank within a period of two or three days.
5.Therefore, this Court is of the considered opinion that even if the water is let out from the present tank, the water let out from the Mettur Dam will 3/6
again fill the present tank. Therefore, there will be sufficient water for fishing as well. Hence, there is no impediment for letting the water for agriculture purpose to the Ayacut land. Therefore, the impugned order is quashed and the respondents are directed to let the water to the Ayacut land forthwith. 6.An additional remuneration of Rs.5,000/- shall be paid to the Advocate Commissioner by the petitioner.
7.With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
25.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg Note: Issue order copy on 25.06.2025.
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To:
1.The District Collector Collectorate, Pudukkottai District.
2.The Revenue Divisional Officer, Aranthangi Taluk, Pudukkottai District.
3.The Sub Inspector of Police, Nagudi Police Station, Pudukkottai District.
4.The Tahsildar Manamelkudi Taluk, Pudukkottai District.
5.The Assistant Engineer, Grant Anaicut (Kallanai Kalvoi) Sub Division, Nagudi, Manamelkudi Taluk, Pudukkottai District.
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S.SRIMATHY , J.
Tmg ORDER MADE IN DATED :25.06.2025 6/6