V NACHIMATHU GOUNDER Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the owner of the field bearing old S. No. 95 in Vadugapatti village. THE old survey number has been sub-divided into several numbers such as 765, 767, 768/1, etc. THEre are four old wells in the said field, irrigating the petitioner's lands. THE wells have been in existence from long prior to 1955, when the Lower Bhavani Project Channel was dug.

(2.) AS already stated, in or about 1955, the Lower Bhavani Project Channel was dug. Except for an extent of 0.08.0 hectares, the petitioner's lands are all non-ayacut and he has been irrigating the same with well water. For that purpose, he had been using oil or motor engines. While so, the Government issued G. O. Ms. No. 2259 P. W. D. dated 3rd November, 1967, prohibiting the pumping of water from all existing wells situated within 50 metres from the main canal and 25 metres from any branch canal during the irrigation season. The said G. O., also provided for the levy of penalty for any infringement of the said instructions.

(3.) IT is admitted that excepting for an extent of 008.0 hectares all the other lands of the petitioner are non-ayacut lands. IT is also admitted that four wells have been in existence in these lands long prior to 1955, when, for the first time, the Lower Bhavani Project Channel was dug. In the present writ petition, we are concerned only with one well situate in S. Nos. 768/1 and 769/1.