K DHANAKUMAR Vs. DISTRICT REVENUE OFFICER COIMBATORE DISTRICT; SUB-COLLECTOR POLLACHI; TAHSILDAR POLLACHI; KUPPATHAL; S V SUBBAIAH

JUDGEMENT

(1.) The present writ petition is directed against the impugned order passed by the first respondent-District Revenue Officer, Coimbatore in Na.Ka.No.39680/2008/A1-2 dated 27.1.2009, to quash the same and pass appropriate orders.

(2.) The petitioner's father Mr.T.A.Krishnasamy and the petitioner Mr.K.Dhanakumar are the owners of land in T.S.No.139/2 to an extent of 1.72 acres (Nanjai land) situate in Anaimalai Village, Pollachi Taluk and the said land is irrigated by Vadakkalur canal. It is also stated that the petitioner is also the owner of land in T.S.No.164/B to an extent of 6.8 acres (Punjai land) situate in Chinnappampalayam village, Pollachi Taluk and agricultural operations were carried on in the said lands by the petitioner's father. However, finding it difficult to irrigate the punjai land covered in T.S.No.164/B, the petitioner's father made an application on 13.10.2005 to the second respondent-Sub Collector, Pollachi seeking permission to lay pipeline through the poramboke lands situate in Anamalai, Thathur and Odayakulam in order to take water from the well situate in T.S.No.139/2 in Anaimalai village for the purpose of irrigating the land covered in T.S.No.164/B in Chinnappampalayam village. The second respondent, after receipt of the representation, sent a letter dated 3.12.2005 to the Special Grade Town Panchayat, Anaimalai with a request to the said panchayat to state the objections, if any, for allowing the petitioner's father to lay the pipeline in order to take water through the poramboke lands in Anaimalai village, again after sending further letters to Odayakulam Town Panchayat and Thathur Village Panchayat on 17.11.2005 with a similar request to state their objections, if any, for allowing the petitioner's father to lay the pipeline to take water through the poramboke lands within their jurisdiction, found no response.

(3.) Therefore, the petitioner took over the management of agricultural operations in the year 2007 in the aforementioned lands from his father. Subsequently, on 10.10.2007, the petitioner sent another letter to the second respondent reminding the pendency of the earlier application dated 13.10.2005 filed through his father with a further request to grant permission in the name of the petitioner for laying of pipeline in the poramboke lands in Anaimalai, Thathur and Odayakulam villages to take water from the land covered in T.S.No.139/2 in Anaimalai village to another land covered in T.S.No.164/B in Chinnappampalayam village. In response to the letters sent by the second respondent to the above said three panchayats on 1.11.2007 to ascertain whether these three panchayats have got any objection against the laying of pipeline through the poramboke lands, the Thathur village panchayat passed a resolution No.84 of 2005 stating that there was no objection for laying of pipeline in the poramboke lands and the panchayat also gave their no objection for granting permission to the petitioner to take water through the pipeline. Again by beating of tom-tom, the Anaimalai panchayat, Thathur panchayat and Chinnappampalayam panchayat have also informed the public about the petitioner's application and to indicate their objections, if any, against the grant of permission to the petitioner for laying of pipeline in the poramboke lands to take water through the pipeline. Except three individuals, namely, Mr.S.V.Subbiah, Mr.Kalimuthu and Mr.V.Radhakrishnan, no other person raised any objection. However, when the above three persons raised their objection stating that the grant of permission would result in damage to the telephone cables and water pipes already laid under the ground, detailed enquiries were also subsequently conducted by the officials of the respondents to ascertain the views of other persons in the matter. However, by taking note of the no objection given by the owners of the surrounding lands for granting permission to the petitioner to take water from the well situate in T.S.No.139/2 in Anaimalai village to his own land covered in T.S.No.164/B in Chinnappampalayam village, necessary permission for laying of pipeline was duly granted by the Executive Engineer, Public Works Department, Parambikulam Division in his proceedings No.TS/JDO/F.1A/85M/2007 dated 30.6.2007. That apart, the Assistant Divisional Engineer, Highways Department, Anaimalai also in his letter No.S.S/2006 dated 31.7.2006 conveyed his no objection for laying of pipeline in the roads belonging to the Highways Department.