K.SUBRAMANIYAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioners in these writ petitions are seeking a Mandamus forbearing the respondents, who are the District Collector, Coimbatore District, Executive Engineer and Assistant Executive Engineer of Parambikulam Aliyar Project Scheme from disturbing and preventing the supply of water from the Chettiyakkapalayam Sub-Channel of Parambikulam Aliyar Project Scheme to the petitioners' agricultural lands.

(2.) Admittedly, the petitioners are agriculturists doing agriculture in their lands and they have grown 250 coconut trees, Cholam, Tomatoes, etc. and water for the purpose of irrigation of these lands are drawn from the Parambikulam Aliyar Project Scheme (in short "PAP Scheme") for several years. The water is being supplied through the Chettiyakkapalayam Sub-Channel of the PAP Scheme. According to the petitioners, each year, there will be four wetting, that is, release of water from the channel to these lands. It is complained that the respondents 2 and 3 came on 22.09.2018 to their village and closed one of the canals of the said channel through which they are getting water supply. It is stated that the sudden stoppage of water supply by closing of the canal has caused difficulty for these petitioners, as the standing crops are severely damaged. It is also stated that the said closure of the canal is without any proper notice to any one of the petitioners. Hence, they made the above prayers in these writ petitions.

(3.) These writ petitions have been resisted by the respondents and counter-affidavits have been filed by the second respondent, who is the Executive Engineer of the PAP Scheme. It is admitted by the respondents that the petitioners are Ayacutdars of PAP Scheme and they get water for irrigation purpose through the sluice No.5(L) taking off from the 2(L) distributory of Chettiakkapalayam Sub branch canal of Vadachittur branch canal at LS 42.860 km of Parambikulam Main Canal. It is also stated in the counters that a petition was received from the tail end farmers of 2(L) distributory of Chettiakkapalayam sub branch on 30.08.2018 complaining that an unauthorized sluice has been constructed to divert water from the said sluice in addition to the authorized supply of water through the regular sluice and the said additional sluice was alleged to have been put up by the petitioners. It is stated that due to the construction of the new sluice, water had been diverted to the petitioners' land and the flow of water did not reach the tail end farmers, who were to be benefited through 2(L) distributory of Chettiakkapalayam sub branch canal. On such complaint being received, the second and third respondents along with the complaining farmers inspected the 2(L) distributory sub branch canal on 01.09.2018 and found that one unauthorized sluice/canal has been constructed between 6(R) and 7(L) sluice without any orders or permission from the competent authority and water was being diverted to the petitioners' lands in addition to the water supplied from sluice No.5(L), which is an authorized sluice. The supply of water to all the Ayacutdars are being regulated by maintaining a Ayacut Register and the petitioners cannot be allowed to draw more water than the others by illegal means. Due to the construction of the unauthorized sluice/canal, the tail end farmers were severely affected, as the water did not reach their lands.