KALRAYAN HILLS TRIHAL Vs. KALRAYAN HILLS PANCHAYAT UNION

JUDGEMENT

(1.) The above writ petition is filed praying for issue of writ of certiorarified mandamus to quash the orders of the respondents 2 and 3 dated 4-10-1996 and 3-5-1996 respectively and direct the respondents 1 to 5 not to dig giant wells in Pottiyam village for supply of water for Kallakurichi Sugar Mill-II, Kachirapalayam.

(2.) The petitioner is a registered association having more than 200 members of small agricultural land-holders doing agricultural operation in Pottiyam village. The sixth respondent proposed to about Kallakurichi Co-operative Sugar Factory-II in the year 1994. For the sugar factory, preliminary work of construction of buildings is going on. They proposed to dig giant wells for getting water supply to the said factory. The petitioner-association immediately knowing the said proposal raised objections stating that the proposal of digging giant wells would affect for the members of the association in getting water for their agricultural purpose. According to the petitioner, they pointed out that just three kilometers away from the sugar factory, Gomugi Dam is in existence and plenty of water is also available at all times, from where the sugar factory can get water. Even according to the petitioner, the fourth respondent enquired about the representation made by the petitioners on 9-4-1994 and the petitioner-association appeared before the fourth respondent and explained the hardship to be faced by the members of the petitioner-association. The fourth respondent seems to have submitted a report to the fifth respondent. In spite of it, the respondents have proposed to call for tenders to dig well. Hence, the petitioner has filed the above writ petition.

(3.) The respondents 2 and 6 filed a counter affidavit in W.M.P. No. 21998 of 1996 which covers the same facts mentioned in the affidavit. So, the said counter is treated as counter-affidavit filed in the main writ petition. According to the respondents, on the basis of the technical advice, the administrative authorities of the mill requested the Executive Engineer, Public Works Department, Ground Water Division, Cuddalore, to conduct a detailed survey in four villages, namely, Parigam, Pottiyam, Kachirapalayam and Vadekanandal. Similar request was made to the Chief Engineer, Public Works Department, Ground Water Division, Chepauk, Madras-5. On the basis of the above request, the Ground Water Division deputed a Hydro Geologist to conduct a survey in the said villages. After a thorough survey, the Hydro Geologist recommended three sites, and among them, two sites are located at Kachirayapalayam and the third site located at Pottiyam village. On the basis of the above recommendations, the Chief Engineer, P.W.D., Ground Water Division in his letter dated 9-9-1993 offered a technical advice as to the proposed location of the two wells and thereafter only the respondents took steps to implement the project to dig wells in Pottiyam village. At this stage, according to the respondents, the proposed location of the two wells are also selected in strict accordance with the distance rule. The respondents have denied that the proposal of digging two wells violates Article 21 of the Constitution of India.