K. PARAMASIVAM Vs. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, WATER RESOURCE ORGANISATION, ALIYAR BASIN DIVISION, PARAMBIKULAM ALIYAR PROJECT, POLLACHI, COIMBATORE DISTRICT

JUDGEMENT

(1.) The Writ Petitions are filed to quash the orders dtd. 28/8/2014 12/9/2015, respectively, granting permission to extract water from Aliyar Basin Division Canal. The permission was granted by the authorities in favour of the 2nd respondent in W.P.No.10545 of 2015 and the 4th respondent in W.P.No.957 of 2016, which are questioned by the petitioner on the ground that there are large scale illegalities in the matter of granting permission for extracting water for irrigation and other purposes. Further, many persons are illegally tapping water by laying pipelines.

(2.) The petitioner was elected as a Chairman of the Perambikulam Aliyar Project, Thirumoorthi Reservoir Project Committee and was discharging his duties as Chairman of the said Committee for about 10 years from the year 2004 to 2014 without any remarks. The State of Tamil Nadu has enacted the Tamil Nadu Farmers' Management of Irrigation System Act, 2000 (Act 7 of 2001), to manage the irrigation system among the Ayacutdars by equal distribution of water and maintenance of canal. As per the said Act, the farmers should elect President, Water Resource Association and intrun the Presidents in that locality elect Distributory Committee Chairman, who intrun elect Chairman of the Project Committee. The petitioner was elected twice as a Chairman of Perambikulam Aliyar Project, Thirumoorthi Reservoir Project Committee as per the provisions of the Act.

(3.) The grievances of the petitioner is that the authorities of the Water Resource Organisation are granting permission without adhering to the Rules and Regulations to be followed. Granting such permission is causing infringement of right to other Ayacutdars who all are using water for irrigation purpose.