C. Madasamy, S/O. Chelliah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2024

CORAM

JUSTICE N. SESHASAYEE and JUSTICE P.VADAMALAI W.A.(MD).Nos.364 & 365 of 2014 and M.P.(MD).Nos.1 & 1 of 2014 W.A.(MD).No.364 of 2014 C.Madasamy, Son of Chelliah, President, Malaipatti Orungkinaitha Neervatipagudi Velanmai Tittakulu-I", No.2, Middle Street, Malaipatti, Pirivillikottai Post, Thoothukudi District.

... Appellant /Petitioner Vs.

1. The District Collector, Thoothukudi District.

2. The Project Officer, District Water Catchment Development Office, Thoothukudi-628 101.

3. The Registrar of Societies, Palayamkottai, Tirunelveli District.

4. A.Muthupandi

5. S.Geetha

6. M.Muniyasamy

7. K.Lingammal

8. K.Mariyammal

9. Subburaj

10. Pachiammal

11. Ramasamy

12. A.Ramar

13. K.Shanmuga Sundari

14. R.Baskaravelu ... Respondents / Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent Act against the order of this Court in W.P.No.14786 of 2013, dated 10.01.2014 and allow the above Writ Appeal.

W.A.(MD).No.365 of 2014 V.Chandran, President, Malaipatti Orungkinaitha Neervatipagudi Velanmai Tittakulu-II", No.2/260, South Street, Malaipatti, Pirivillikottai Post,Thoothukudi District.

... Appellant /Petitioner Vs.

1. The District Collector, Thoothukudi District.

2. The Project Officer, District Water Catchment Development Office, Thoothukudi-628 101.

3. The Registrar of Societies, Palayamkottai, Tirunelveli District.

4.P.Chinna Mariyappan

5. S.Savithiri

6. Santhakumar

7. K.Guruvammal

8. R.Subburaj

9. V.Jeyalakshmi

10. S.Kala

11. S.Annakili

12. M.Karuppasamy

13. P.Ganapathy

14. R.Baskaravelu ... Respondents / Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent Act against the order of this Court in W.P.No.14787 of 2013, dated 10.01.2014 and allow the above Writ Appeal.

For Appellants :

Mr.K.R.Laxman For R-1 to R-3 :

Mr.N.Muthuvijayan, Special Government Pleader For R-4 :

Mr.G.Thalaimutharasu (In Both Cases) COMMON JUDGMENT (Common Judgment of the Court was delivered by N.Seshasayee, J.) The challenge in the batch of Writ Appeals is to a circular dated 20.08.2013 issued by the 2nd respondent.

2. According to the appellants, by virtue of this circular, the authority concerned had changed the office bearers of a certain society, which was formed to serve as a Water Shed Committee.

3. The brief facts, which are relevant for the current purpose is that for implementing the Central Government Scheme for developing water resources to be implemented through the State Agency, Water Shed Committee were constituted and this Committee was to be comprised of the villagers in the manner provided for in the guidelines framed in 2008.

4. According to the appellants, Water Shed Committee indeed was constituted as provided in the guidelines, but suddenly under the impugned circular dated 20.08.2013, the entire officer bearers were changed.

5. The reply of the second respondent was that the guideline itself was subsequently modified in 2011 and as per the 2011 guidelines, there were no more need to constitute a society for serving as a Water Shed Committee and that this Committee can be directly paid from the Grama Sabha and it

required to serve as a Sub Committee of the Grama Sabha and accordingly, this Committee has been constituted.

6. When the matter came before the learned Single Judge, he had observed that only a Committee has been constituted and no right of the petitioners apparently has been taken away and accordingly, disposed of the matter.

7. The learned Special Government Pleader informs the Court that the very Scheme itself has been closed on 31.08.2020.

8. In view of the same, nothing survives for consideration in these Writ Appeals. Accordingly, these Writ Appeals stand closed. No costs. Consequently, connected miscellaneous petitions are closed. (N.S.S., J.) (P.V.M., J.) 05.04.2024 NCC : Yes/No Index : Yes/No Internet : Yes TSG

To

1. The District Collector, Thoothukudi District.

2. The Project Officer, District Water Catchment Development Office, Thoothukudi-628 101.

3. The Registrar of Societies, Palayamkottai, Tirunelveli District.

4.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

N. SESHASAYEE, J.

and P.VADAMALAI, J.

TSG W.A.(MD).Nos.364 & 365 of 2014 05.04.2024