PARAMBIKULAM Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) SINCE the issues involved in both the writ petitions are one and the same, they are disposed of by this common order.

(2.) LEARNED counsel appearing for the petitioner in W.P.No.4833 of 2010 submitted that when the Thirumoorthi Dam was constructed on the Palar River in the year 1967, the Old Ayacutdars made demand for getting irrigation benefit uninterrupted, since their entire irrigation benefit were curtailed by the construction of the above said dam. Accordingly, the Government of Tamil Nadu took a decision that the irrigation water should be released to the above said Old Ayacutdars by let out water to the seven tanks (Dhali system). Thereafter, the respondents let out the water to the above said seven tanks and 135 days of water, once in two years, was released from the said dam to the new Ayacutdars. Subsequently, the said 135 days reduced to 90 days, which again reduced to 60 days, and finally, it was again reduced to 48 days for every two years. It is further contended that the source of water for Thirumoorthy Reservoir is not only from the Palar River, but also from other catchments water and from Contour Canal. Moreover, the overflow water from the catchment area was stored at Parambikulam and it was let out to the Thirumoorthy Dam through Contour canal. It is further stated that 99% of the water storage in Thirumoorthy Reservoir are receiving water through Contour Canal and only 1% of water alone is received from old Palar River. Moreover, when the seven tanks agricultural association filed writ petition before this Court in W.P.No.5089/1987 seeking for a direction to let out water to the seven tanks, this Court, while disposing of the writ petition on 07.01.2013, did not discuss about the 8th tank, namely, Poosarinaicken Aeri, therefore, the impugned order giving a direction for release of water to the 8th tank from Thirumoorthy Reservoir is unlawful and unjustified.

(3.) AGAIN , it is further contended that the respondents failed to consider that the Poosarinaicken Aeri is situated in the upper level of Palar River, hence, it cannot get water from the Palar River, for, in between the Palar River and Poosarinaicken Aeri, there is 15 kms. distance. Moreover, the revenue records also depict that the Poosarinaicken Aeri receiving water from Alampalayam Anaicut Channel and not from Dhali Channel, hence, the respondents cannot include the Poosarinaicken Aeri in the Dhali Channel, which is having only seven tanks, therefore, addition of one more tank i.e. Poosarinaicken Aeri, as 8th tank, without making any law, is not permissible by issuing a mere G.O.