Chinnamanur Nanjai Pattathar v. The Chief Engineer

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 17.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.26388 of 2023 Chinnamanur Nanjai Pattathar Vivasayigal Sangam, Neerinai Payanpaduthuvor Sangam No.6 Chinnamanur 625 515, Theni District.

Rep by its President.

... Petitioner Vs 1.The Chief Engineer, Public Works Department / Water Resource Organisation, (Operation & Maintenance) Water Resource Department, Chennai-600 005.

2.The Chief Engineer, Public Works Department / Water Resource Organisation, Madurai Region, Tallakulam, Maduari.

3.The District Collector, Theni District.

4.The Assistant Director of Fisheries Office of Assistant Director of Fisheries Theni at Vaigai Dam.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents herein to disburse the proportionate share of amount to the petitioner Association from the 50% payable to the water Users' Association as per G.O Ms No.16 (Public Works (LW2) Department dated 14.01.2011 and as directed by the 1st respondent by his communication dated 01.02.2019 and pass such further or other orders.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.S.Shanmugavel, Addl.Govt. Pleader

O R D E R

This Writ Petition is filed seeking a Mandamus against the Respondents herein to disburse the proportionate share of amount to the petitioner Association from the 50% payable to the water Users' Association as per G.O Ms No.16 Public Works (LW2) Department dated 14.01.2011 and as directed by the 1st respondent by his communication dated 01.02.2019 2/6

2. According to the petitioner, the members of the petitioner sangam are farmers, irrigating water from Udaya Kulam and Sengulam Kanmoi for their respective agricultural lands by maintaining their irrigation tanks and supply channels for irrigation. While so, the Government issued G.O Ms No.16, Public Works (LW2) Department, dated 14.01.2011, for the benefit of agriculturalists who are members of Water Users Association. The object of the said Government Order is to conduct public auction for grant of fishery right in the tanks under its control and distribute a portion of income derived therefrom to the Water Users Association to maintain the tank by doing repair work, cleaning and deepening the tank so as to store more water.

However, the respondents never disburse 50% contribution from the fishery right lease amount every year paid by auction purchasers and deposited into the account of the Public Works Department. Hence, the petitioner made a representation before the first respondent for release of 50% of the amount payable to the petitioner. After receiving the same, the 1st respondent sent a communication to the 2nd respondent dated 01.02.2029, to respond to the request of the petitioner. However, so far no action has been taken to disburse the amount. Hence, the petitioner has approached this Court.

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3. The learned Additional Government Pleader appearing for the respondents would submit that the respondents have collected the amount and they are in the process of disbursement and he seeks 12 weeks time to complete the said process.

4. In view of the above submissions, this Court directs the respondents to disburse the proportionate share of amount to the petitioner Association from the 50% payable to the Water Users' Association as per G.O Ms No.16 Public Works (LW2) Department dated 14.01.2011, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

17.12.2025 vsm Index : Yes/No NCC : Yes/No 4/6

To 1.The Chief Engineer, Public Works Department / Water Resource Organisation, (Operation & Maintenance) Water Resource Department, Chennai-600 005.

2.The Chief Engineer, Public Works Department / Water Resource Organisation, Madurai Region, Tallakulam, Maduari.

3.The District Collector, Theni District.

4.The Assistant Director of Fisheries Office of Assistant Director of Fisheries Theni at Vaigai Dam.

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KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.26388 of 2023 17.12.2025 6/6