MARIMUTHU Vs. DISTRICT COLLECTOR, TENKASI

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner is a permanent resident of Punnaiyarpuram Village. He owns two acres of agricultural land. The petitioner is an ayacutdar of Madanservai Kulam. The petitioner challenges the impugned order dtd. 22/7/2023 passed by the District Collector, Tenkasi providing for sharing of water in a particular ratio with the ayacutdars of Kalingankulam.

(3.) The dispute between the ayacutdars of Madanservai Kulam and Kalingankulam dates back to 1980s. O.S No.333 of 1986 on the file of the District Munsif Court, Tenkasi filed by the ayacutdars of Kalingankulam in representative capacity against the Government of Tamil Nadu and ors was decreed on 16/9/1991. A.S No.95 of 1995 filed by the Government was dismissed by the Principal Sub Court, Tenkasi on 19/6/1997. However, another suit filed by the ayacutdars of Kalingankulam in O.S No.196 of 1999 on the file of the Additional District Munsif Court, Sankarankovil suffered dismissal for default. The cause of action for the current dispute dates back to the order dtd. 9/10/2012 made in Crl OP(MD)No.14218 of 2012. One T.Muthusamy representing the ayacutdars of Kalingankulam was the petitioner. He complained that the supply of water to Kalingankulam has been blocked by the President of Punnaiyapuram Panchayat by forming a road across the channel and as a result, the flow of rain water from Mundhal Malai stood diverted. The O.P was disposed of on 9/10/2012 with a direction to the District Collector, Tirunelveli to pass order on the representation given by Thiru.T.Muthusamy.