K SIVAM Vs. CHIEF ENGINEER

JUDGEMENT

(1.) PETITION under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus as stated therein.This petition is filed by the petitioner seeking for the issue of writ of ceriorarified mandamus, calling for the records of the first respondent issued in Proceedings No,8352/2008/86, dated 6.8.2008 and to quash the same and to issue a consequential direction to the respondents to restore an extent of 42.17 acres in Unit No,5 of KurumbalaMaha Devi Lift Irrigation Cooperative Society for irrigation by lifting the water from river Cauvery and to provide distribution of water in Unit NO.5 on the northern and southern side on acre wise.

(2.) THE petitioner in her affidavit would contend that the petitioner owned agricultural lands in S. No,57/2,58/2 and 59 of Kurumbala Maha Devi Village,Namakkal District for an extent of 10.16 acres by way of settlement deed executed by her father in the year 1978 and 7.5 acres of land through the partition in S.Nos.227/2,220/2C2/224/5,225/2,226 and 223/1B and the Government has issued G.O.Ms.No,767 dated 20.4.1982 permitted the Registrar of Cooperative Society to organise and form a Cooperative Society for the purpose of irrigation of lands by lifting the water from river Cauvery and the as per G.O.Ms.No,767 dated 20.4.1982,the Government has also permitted a formation of four Cooperative Societies for the purpose of lifting the water from river Cauvery to irrigate the agricultural lands in the villages viz., Zamin Elampalli, Solasiramani, Kurumbalamagadevi and Kothamangalam Villages. Accordingly, Kurumbalamagadevi Lift Irrigation Society has been formed on 26.4.1982 for lifting the water from River Cauvery for irrigation of a total extent of 392.48 acres of the land in the said Kurumbalamagadevi Village. THE Board of Committee of the Kurumbalamagadevi Lift Irrigation Cooperative Society has formed 24 Units and the petitioner's land comes under Unit No,5. THE Government has also provided one water distributioon tank with 30 H.P. for providing water and the said Tank has to supply water for irrigation of entire extent of 42.17 acres by lifting water from river Cauvery through the electric pumpset installed. THE petitioner would further contend that the distribution tank contains two water outlets for supply of water on nothern and southern sides. THE size of two water outlets on both sides are one and the same. THE respondents have provided equal size of two water outlets on both sides on the impression that 42.17 acres is equally divided by the distribution tank on the southern and northern sides. THE land available for irrigation on the northern side is only 15.78 acres but water outlet provides supply of water for 21.08 acres and thus excess water being supplied for the northern side which comes to 5.03 acres. THE land available for irrigation on the southern side is 26.39 acres and the water outlet on the northern side has to be modified to provide water only for 15.78 acres for equal distribution of supply of water in unit No,5 as per the G.O.Ms.No,767 dated 20.4.1982.

(3.) THE first respondent has filed a counter wherein it has been stated that Kurumbalamagadevi Lift Irrigation Cooperative Society consisting 24 Units for an extent of 392.48 acres with ayacut and ayacutdhars particulars of survey numbers and extent. THE extent of ayacuts and survey Field numbers with all particulars for Unit No,5 of Kurumbalamagadevi Lift Irrigation Society was also submitted to Government by the Registrar of Cooperative Society as 30.63 acres in Survey Numbers of No,227/2,225/2,226,220/2C,221/2,223/1 and 228 in Kurumbalamagadevi Village. Accordingly the Government has approved the ayacuts. THE Respondents' land and other parties consists of eight numbers come under Unit No,4 which is having total ayacut area of 30.63 acres as approved in the G.O.Ms.No,767 dated 20.4.1982. THE General Body of Kurumbalamagadevi Lift Irrigation Cooperative Society held a meeting on July 1982 and passed a resolution by deleting certain lands to an extent of about 24.89 acres in various units of that society, they fixed 42.17 acres instead of 30.63 acres as originally approved by the Government for Unit No,4.