S DHANAPALAN Vs. SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) This writ appeal is directed against the order dated 30 July, 2014 in W.P.No.4257 of 2014, whereby and whereunder, the learned Single Judge dismissed the writ petition filed by the appellant, on the ground that the third respondent association was not consulted by the appellant before laying of pipeline.

(2.) Originally, the Revenue Divisional Officer, Coimbatore, vide proceedings dated 13 June, 2011, accorded permission to the appellant to lay a pipeline through Government poromboke lands and take water through a distance of more than 10 kms. from one of his lands to another. The Assistant Engineer, Highways Department, Sultampet also granted permission, vide proceedings dated 25 August, 201 The said permission was later cancelled by the second respondent, viz., the Executive Engineer, by the order dated 23 January, 2014 impugned in the Writ Petition. Aggrieved against the said cancellation order, the appellant has preferred the writ petition before the Writ Court.

(3.) In the writ petition, the second respondent filed a counter affidavit stating that the appellant has laid a pipeline on the banks of Parambikulam Aliyar Canal and had obtained permission without notice to the Ayacutdars and that when the Ayacutdars raised objection, the permission accorded to the appellant was cancelled. The second respondent further stated that there is a Water Users Association, constituted in pursuance of the guidelines issued by the Government of Tamil Nadu. However, the Association was not impleaded in the first instance as a party to the writ petition, but, later, they got impleaded.