KALAPPA Vs. DEPUTY COMMISSIONER MANDYA

JUDGEMENT

(1.) The petitioner has challenged in this writ petirtion the Notification dt. 17 th August, 1967 issued by the 2nd respondent, the Execution Enginoer -cum-Irrigation Officer, V.C. Division, Mandya, under S.15(l) of the the Irrigation Act, 1965, as well as the Notification dt.Sth December, 1967, issued by the same Officer under S.15(2) of the said Act.

(2.) The petitioner is the owner of the lands bearing survey No.62|3 and 62|5 of Halavadi village in Mandya taluk. They together measure 1 acre and 3 guntas. On the 17th of August, 1967 the Irrigation Officer, issued the Notification under S.15(l) of the Mysore Irrigation Act, 1965 (hereinafter referred to as the Act) which has been produced in the case as Ext.A. That was followed by the Notification dt.8th December, 1967, issued by the Deputy Commissioner under S.15(2) of the Act, which has been produced in the case as Exhibit-B.

(3.) The contention of the petitioner is, that the Notifications issued under S.15(l) and (2) of the Act, are not in accordance with law. The scheme of S.15 of the Act, is, that the Irrigation Officer on being satisfied that the construction of field channels in any area is necessary in public interest for supply of water from an irrigation work to lands requiring such supply for purpose of cultivation, shall declare by Notification that such field channels may be constructed after a date to be specified in the Notification, not being earlier than thirty days from the date of publication thereof. A copy of such Notification shall be sent to the Tahsildar of the area for publication in the village concerned. After the date specified in the Notification issued under S.15(l) of the Act, the Irrigation Officer is required to determine the suitable alignment for the field channels and to mark out that land, which in his opinion, is necessary to occupy for the construction of the field channel. Thereafter he is required to publish a Notification by affixure on the Notice Board in his office that so much of such land as is situated within such village or villages has been so marked out and shall send a copy of such Notfication to the Tahsildar for publication in every village through which the field channel is taken on such lands. He is also required to send a copy of such Notification to the Deputy Commissioner of every District in which such land is situated.