Thamirabharani Tirunelveli Kalvai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD).No.17036 of 2023 Thamirabharani Tirunelveli Kalvai Nainarkulam Pasanar Sangam, Represented by its President, C.Nellaiappan ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Executive Engineer, Public Works Department, Water Resource Organization, Thamirabharani Basin Division, Tirunelveli District.

3.M.Subramanian ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first and second respondents herein to ensure adequate water released from the tank for agricultural activities for the agricultural lands situated in and around the tank without any hindrance from the third respondent based on his representation dated 12.06.2023.

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For Petitioner : Mr.P.Andiraj for Mr.D.Anbarasu For Respondents :Mr.M.Sarangan Additional Government Pleader

O R D E R

The petitioner claiming to be an agriculturalist has submitted a representation to the respondents 1 and 2 on 12.06.2023 that the third respondent as licensee of fishery right of Nainarkulam, is obstructing to release the water from the tank for the purpose of agriculture. However, the same has not been considered. Hence, the present writ petition has been filed seeking for a direction to the respondents 1 and 2 to provide adequate water from the tank for agricultural purpose.

2. Mr.M.Sarangan, learned Additional Government Pleader appearing for the respondents, on written instructions which have been received from the second respondent, namely, the Executive Engineer, Public Work Department, Water Resource Organization, Thamirabharani Basin Division, Tirunelveli District, submits that the fishery right was granted to the third respondent from 31.01.2023 to 30.06.2023 and his lease period was already over and they have not extended the lease in 2/4

favour of the third respondent. Therefore, the apprehension of the writ petitioner is unwarranted. With regard to the distribution of water, it would be considered depending on the requests from the agriculturalists.

3. Since the grievance of the petitioner has already been redressed by the second respondent vide letter dated 14.07.2023, this Writ Petition is closed. There shall be no order as to costs. 14.07.2023 Index: Yes/No Internet: Yes/No ssb To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Executive Engineer, Public Works Department, Water Resource Organization, Thamirabharani Basin Division, Tirunelveli District.

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B.PUGALENDHI, J.

ssb W.P.(MD).No.17036 of 2023 14.07.2023 4/4