P ANBUNATHAN Vs. DISTRICT COLLECTOR KARUR DISTRICT

JUDGEMENT

(1.) IN this Writ Petition, Petitioner seeks to quash the impugned order passed by the 2nd Respondent-Special Commissioner and Commissioner of Land Administration in R.Dis.C2/28752/02 dated 10.02.2003 whereby the 2nd Respondent set aside the NOC granted by the 1st Respondent-District Collector, Karur to lay pipeline.

(2.) 1st Respondent-District Collector, Karur has issued NOC in his Letter No.17639/2002 (A1) dated 27.08.2002 permitting the Writ Petitioner to lay pipeline in S.F.Nos.209, 210, 212, 231 and 277 to a length of 1035 Meter to take water from the sump Well situated in S.F.No.594/7. Observing that Writ Petitioner has no right to take water from the well in S.F.No.594/7 which is connected to Pugalur Channel and that any agreement entered into between the private parties to share the water from the Government source is against the law and general policy of Government, 2nd Respondent set aside the NOC. 2nd Respondent has further proceeded to observe that as per G.O.Ms.No.3339 PWD dated 12.12.1962, Collectors are not authorised to issue fresh NOC and the said order of 2nd Respondent is the subject matter of challenge in this Writ Petition.

(3.) BEING aggrieved by NOC granted in Letter No.K.Dis.13915/2002/A dated 12.06.2002 to lay a new pipeline through S.F.Nos.209, 210, 212, 231, 277, 3rd Respondent has filed appeal before the 2nd Respondent. In the said appeal, it was alleged that Writ Petitioner was also taking water from the Well situated in S.F.No.594 and irrigating his lands and has further alleged that no permit was obtained from the Collector. NOC granted by the 1st Respondent to both 4th Respondent as well as the Writ petitioner was taken up for consideration by the 2nd Respondent. In the appeal Proceedings before the 2nd Respondent, both Writ Petitioner as well as 4th Respondent appeared and participated. Observing that Writ Petitioner has no right to take water from the well in S.F.No.594/7 which is connected to Pugalur Channel and that any agreement entered into between the private parties to share the water from the Government source is against the law and general policy of Government, 2nd Respondent set aside the NOC granted by the 1st Respondent. 2nd Respondent has further observed that Collectors are not authorised to issue fresh NOC as per G.O.Ms.No.3339 PWD dated 12.12.1962.