D SHANMUGASUNDARAM Vs. IRUMBARAI PANCHAYAT

JUDGEMENT

(1.) Heard both sides. The petitioner is an agriculturist having a bore well in his land comprised in S. No. 988/1A2 in Irumbarai Village, which is situated at a distance of 700 meters from his agricultural lands comprised in S.F. Nos. 350/1, 328/1, 334, 336/1B, 340/1, 233, 234, 222, 235, 236, 237, 238, 469, 470 and 471 in the neighbouring village viz., Illuppanatham Village. For taking water to the above said agricultural lands from the bore well in S.F. Nos. 988/1A2 of Irumbarai Village, the petitioner uses the underground pipe line laid in the poramboke lands with the permission granted by the respondents 1 and 2. The said facility was in his enjoyment from the year 2002. The land in which bore well has been sunk is near the river Bhavani. But according to the petitioner, there are third party lands in between the land comprised in S. No. 988/1A2 Irumbarai Village and the Bhavani River bed. Of course, the said permission to take water to the agricultural lands of the petitioner in Illuppanatham Village through underground pipe line laid in the poramboke lands had been granted on condition that the petitioner should take water only from the bore well situated in S.F. No. 988/1A2 of Irumbarai Village and that the petitioner should not take water directly from the water spread area or the river Bhavani.

(2.) Subsequently, the petitioner was served with the impugned order dated 10.05.2007 passed by the fourth respondent informing him that since the petitioner was found to be taking water directly from the Bhavani River, the third respondent had cancelled the track rent permit by his order dated 20.08.2003; that the no objection certificate issued through the Executive Engineer, Bhavanisagar Dam Division was also cancelled by an order dated 10.02.2005; that despite the cancellation of the permission and the no objection certificate, the petitioner failed to remove the underground pipe line passing through S. No. 949/1A of Irumbarai Village and S. Nos. 449/2 and 449/4 of Illuppanatham Village and that the petitioner should remove those pipe lines within ten days from the date of receipt of the impugned order of the fourth respondent dated 10.05.2007, failing which steps would be taken for removal of the same with the help of police at the cost of the petitioner. Hence, the petitioner has approached this Court invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for the issuance of a writ of certiorarified mandamus to call for the records relating to the above said impugned order of the fourth respondent and quash the same and to forbear the respondents from removing the pipe line laid by the petitioner through the above said poramboke lands. In support of his prayer, the petitioner has contended that the earlier orders cancelling the no objection certificate and the track rent permit referred to in the impugned order were not at all served on the petitioner and that the impugned order came to be passed in total violation of the principles of natural justice without even affording an opportunity to the petitioner to put forth his case.

(3.) The fourth respondent has filed a counter affidavit, which contains the following averments: