WINS ANTO Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioners are Agriculturists and they are also the respective elected Presidents of Water Users Association at Kanyakumari and Tirunelveli Districts. All these petitioners / Presidents of Water Users Associations joined together and filed this writ petition to quash the Government Order in G.O.Ms.No.82, PW(W2) Department, dtd. 3/3/2016.

(2.) The Government vide this Government Order in G.O.Ms.No.82, PW(W2) Department, dtd. 3/3/2016, appointed the Assistant Engineer / Junior Engineer of the Water Resource Department of Public Works Department to exercise the powers and functions of the Water Users Association and the Managing Committee, till such time the Water Users Association is duly reconstituted and the Managing Committee assumes office. In the same Government Order, the Executive Engineers of Water Resource Department of Public Works Department are appointed with the power to exercise and perform the functions of the Distribution Committee, till the new Committees are reconstituted and the Superintendent Engineers of Water Resource Department of Public Works Department are appointed to perform the functions of the Project Committee and the Managing Committee till the Project Committees are duly reconstituted.

(3.) This Government Order is passed as per Sec. 42 of the Tamil Nadu Farmers Management Irrigation System Act, 2000 (Act 7 of 2001) (hereinafter referred to as 'the Act'). This Act has been enacted in the year 2000 with an object for equal distribution of water and for the efficient utilization of water and for adequate maintenance of irrigation system by the Farmers themselves with a sense of ownership to the irrigation system. By the impugned Government Order, the elected Farmers system were replaced with the Executives. Aggrieved over the same, the elected Presidents of the respective Water Users Associations joined together and have filed this writ petition to quash the impugned Government Order.