LAWS(MAD)-2009-11-29

P K SUBRAMANIAN Vs. SECRETARY TO GOVERNMENT

Decided On November 19, 2009
P.K. SUBRAMANIAN Appellant
V/S
SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, REVENUE DEPARTMENT Respondents

JUDGEMENT

(1.) The petitioner has sought for a writ of certiorarified mandamus, to quash G.O. Ms. No. 1618, Revenue (D2) Department, dated 6.12.1991, by which, the Government have imposed a total ban on the Revenue Authorities not to grant permission to take water from the Well in Natham lands through Government lands for rent and also in the order dated 14.3.1993, passed by the Additional District Collector, Coimhatore District, refusing to grant permission to take Water trom Natham site to his agricultural lands for irrigation purposes. Consequently, the petitioner has sought for a direction to the respondents to grant him permission to take water from the.well located in S. No. 355/AA through the Government Pofamboke lands in S. No. 367/1 and 396 to irrigate his lands through the pipelines in S. No. 365/2 as per the Government Order in G.O. Ms. No. 202, Revenue (NN) 5(2) Department, dated 24.4.2000.

(2.) It is the case of the petitioner that he owns lands, measuring an extent of 2 Acres and 40 cents in S. No. 365/2 of Irumborai Village, Mettupalayam Taluk, Coimbatore District. According to him the property originally belonged to his father and after his death, it devolved upon him. The petitioner's father purchased a house through a sale deed, dated 22.3.1965 in Natham Survey No. 365/AIA and the same was in his possession and enjoyment till his death. During his life time, he dug up a Well in the said property and applied for permission to the respondents to take water for irrigation of his agricultural lands in Survey No. 365/2 in the year 1972. By proceedings, dated 14.3.1977, the respondents granted permission in terms of Paragraph 3 of the Board Standing Order 24-A for taking water through pipelines in Survey Nos. 367/1 and 396, for a period of five years from 1.4.1977 on rental basis. The pipeline runs through the above said Survey numbers, which is classifiable as Highways poramboke. A track rent was levied at Rs. 7.10 per annum. After the expiry of the above said period of five years, the District Revenue Officer, by his proceedings, dated 30.7.1985, extended the period of lease till 13.3.1992 and increased the track rent from Rs. 7.10 to Rs. 14.60. Even before the expiry of the said period, the petitioner's father applied for extension of the period of lease from 3.3.1992, by his representation, dated 22.7.1991. The petitioner's father died on 16.11.1991. When the petitioner was expecting that he would be granted extension of permission for taking water through the pipelines for a reasonable period, the Additional District Collector, by impugned order, dated 14.3.1993, rejected his request for taking water through the pipelines, on the ground that the Government in G.O.Ms. No. 1618, dated 6.12.1991 had imposed a total ban for granting permission to take water through Natham Poramboke lands. In these circumstances, the petitioner challenged the order of the Additional District Collector, dated 14.3.1993 in W.P. No. 11261 of 1993. This Court, while dismissing the said writ petition on 19.3.2000, observed that the remedy open to the petitioner was to challenge the Government Order inG.O.Ms.No. 1618, dated6.12.1991 and refused to quash the order of rejection. In these circumstances, the petitioner has filed the present writ petition, challenging the above said Government Order.

(3.) Assailing the impugned Government Order in G.O. Ms. No. 1618, dated 6.12.1991, by which, a total ban has been imposed and the order of the Additional District Collector, dated 14.3.1993 and inviting the attention of this Court to the power of the Government conferred under the Board Standing Order No. 24-A to grant permission for disposal of the Government lands for temporary occupation, Mr. Saseedaran, learned counsel for the petitioner submitted that when the Government have the powers to grant permission to take water through pipelines, there cannot be any total ban for granting permission to take water from Natham lands through Highways Poramboke, on the ground that dwelling places of public in the Villages are classified as Natham and vested with the Government and therefore, a Well in Natham lands is intended only for domestic purpose and not for agricultural purpose.