Madras High Court
The District Collector vs Gopalakrishnan on 29 April, 2021
W.A.(MD)No.1087 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MRS.JUSTICE B.PUGALENDHI
W.A.(MD)No.1087 of 2020
and
C.M.P.(MD)No.5917 of 2020
1.The District Collector,
Office of the District Collector,
Sivagangai District.
2.The Executive Engineer,
Sarugani Water Resource Division,
Public Works Department,
Sivagangai,
Sivagangai District.
3.The Additional Executive Engineer,
Water Resources / Public Works Department,
Manamadurai,
Sivagangai District.
4.The District Registrar,
Office of the District Registrar,
Sivagangai,
Sivagangai District. : Appellants
Vs.
Gopalakrishnan : Respondent
1/9
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W.A.(MD)No.1087 of 2020
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the
order dated 17.09.2020 made in W.P.(MD)No.9015 of 2020.
For Appellants : Mrs.J.Padmavathi Devi
Special Government Pleader
*****
JUDGMENT
(Judgment of the Court was delivered by B.PUGALENDHI, J.)
This writ appeal is directed against the order passed by the learned Single
Judge in W.P.(MD)No.9015 of 2020, dated 17.09.2020, whereby and whereunder,
the learned Single Judge has held that the Public Works Department have to award
the kudimaramathu works only in favour of the Farmers' Organisation constituted
under Section 4 of the Tamil Nadu Act 7 of 2001. The learned Single Judge further
directed the District Collector, Sivagangai, to take immediate action for
constituting the Managing Committee under Section 5 of the said Act.
2. The learned Special Government Pleader appearing for the appellants
would submit that as on the date of disposal of the writ petition, the society has
already been registered and they have been allotted the work and work has also
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W.A.(MD)No.1087 of 2020
commenced. Therefore, nothing survived for adjudication even at that point of
time itself.
3. She would further submit that even prior to the Tamil Nadu Farmers'
Management of Irrigation Systems Act, 2000 (Act 7 of 2001) [hereinafter referred
to as 'the Act'] coming into force, the Government had taken the task of
kudimaramathu and vide Government Order in G.O.Ms.No.62, Public Works
Department, dated 30.04.1975, the irrigation works including kudimaramathu was
directed to be given to the group of Ayacutdars. As per Section 4 of the Act, Water
Users Association, ie., an association of users of water of the area, nothing but
Ayacutdars of the area, as approved by the competent authority, has to be
constituted. In this case, 61 Ayacutdars have formed an association on 14.08.2020
and elected one C.Ramakrishnan as the President of the society. The said society
was also duly registered with the District Registrar under the Tamil Nadu Societies
Registration Act. Therefore, the work was allotted to the above registered body of
the Ayacutdars and the work was also commenced on 15.08.2020. While so, the
learned Single Judge has passed the impugned order, that too, in the absence of the
said association, in whose favour, work order has been issued.
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W.A.(MD)No.1087 of 2020
4. Heard the learned Special Government Pleader appearing for the
appellants.
5. The writ petition was moved by one Gopalakrishnan, an Ayacutdar, on
04.08.2020 and it came up for admission on 07.08.2020. It appears that on the said
date itself, the appellants herein have taken notice. While so, when the Writ Court
has seized-off the matter, it appears that an association was formed and work order
was also issued on 15.08.2020, in a hurried manner. In such view of the matter, the
learned Single Judge has held that the appellants / respondents will have to abide
by the outcome of the writ petition, which, in our opinion, does not warrant any
interference.
6. It is a settled position that when the Statute requires a particular act to be
done in a particular manner, it has to be done in that manner alone and not in any
another way. When the Tamil Nadu Act 7 of 2001 prescribes certain mechanism
for the formation of the Association and for execution of the kudimaramathu work
in a transparent manner, the authorities are not justified in awarding the
kudimaramathu work to an Association registered under the Tamil Nadu Societies
Registration Act, 1975. Therefore, we do not find any merit in this writ appeal.
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W.A.(MD)No.1087 of 2020
7. In fact, this Division Bench had an occasion to elaborately discuss the
very same issue in W.P.(MD)No.15633 of 2020, dated 23.12.2020 and for better
appreciation, the following observations are extracted:
"14.As rightly pointed out by the learned Counsel for the petitioner
the Government with an object to create a sense of ownership of irrigation
system in the minds of the farmers and to ensure the improved operation
and management of irrigation system with the involvement and
participation of the farmers in the operation and maintenance of irrigation
systems enacted the Tamil Nadu Farmers Management of Irrigation
Systems Act, 2000.
15.This Act enables to create a sense of ownership of irrigation
systems in the minds of the farmers and to ensure improved operations and
maintenance of irrigation system due to involvement of farmers. The
farmers' Organisations will be constituted in three tiers, i.e., 'Water Users
Association' at the primary level consisting of all the water users, as
constituted under Section 4 of the Act; 'Distributary Committee' at
Secondary level, as constituted under Section 10. The Government may
also constitute an Apex Committee for the whole State under Section 12 of
the Act. The said Apex Committee shall have powers to lay down policies
and guidelines for effective implementation of the said Act. The Farmers'
Organisations at all the three levels would have an elected Managing
Committees. By enacting this Act, the operation and maintenance of
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W.A.(MD)No.1087 of 2020
branch canals and distribution system of irrigation would be transferred
to the Farmers' Organisations. The functions of the Water Users
Association, Distributory Committee and Project Committee have been
specified in Sections 22, 23 and 24 of the Act respectively. Section 25 of
the Act empowers the Farmers' Organisations to levy and collect fees from
every water user for achieving the object of the said organisation and
performing its function. The Funds of Farmers' Organisations have been
specified in Section 26 of the Act. Administration, audit of the Funds and
Budget have been specified in Sections 27 to 31 of the Act. Certain
activities, namely, damages caused to the irrigation system, making
changes in the given water supply, obstruction and regulations, etc., are
offences and punishable with imprisonment for a term upto two years or
fine of Rs.5,000/- or both under Section 32 and those offences are taken
cognizance by the Court only on the complaint made by the competent
authority or President or Chairman of the managing committee of the
Farmers' Organisation as provided in Section 33 of the Act. Provision has
also been made to compound the said offences in Section 35 of the Act.
Section 36 of the Act provides for settlement of disputes between members,
Farmers' Organisation, Managing Committee, Distributory Committee
and provision for appeal has been provided in Section 37 of the Act. The
accounts, records and documents to be maintained by the Farmers'
Management of Irrigation System Rules, 2002. For conducting election to
the Water Users Organisation, the Tamil Nadu Farmer's Management of
Irrigation Systems Election Rules, 2003 have been framed by the
Government.
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W.A.(MD)No.1087 of 2020
16.When a separate Act has been enacted for the Maintenance of the
Irrigation Tanks, it is not known, why the Farmers Association has not
been created as contemplated under the Act and without encouraging the
same, how this newly formed and registered Association under the Tamil
Nadu Societies Registration Act, 1975 has been allotted with the work.
17.All the Ayacutors must have a representation in the Association
Constituted under the Tamil Nadu Act 7 of 2001. It is the duty of the
Government to establish the Farmers Association as per the Tamil Nadu
Farmers' Management Of Irrigation, Systems Act, 2000 (Tamil Nadu Act 7
of 2001) with the participation of the Ayacutors and to ensure this
Farmers Association are acting as per the Provisions of the Tamil Nadu
Farmers Management of Irrigations Systems Act, 2000 and its Rules 2001.
18.When the provisions under the Tamil Nadu Farmers'
Management Of Irrigation, Systems Act, 2000 (Tamil Nadu Act 7 of 2001)
mandates that the Kudimaramath works ought to be given to an
Association constituted under the Tamil Nadu Act 7 of 2001, it is not
known, why the work was allotted to the 7th respondent, a Society, which
has been formed and registered only in the year 2020 under the Tamil
Nadu Societies Registration Act.
19.Whenever public money is spent on any projects, it must be done
in a transparent manner. Since in this case, the work had already been
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W.A.(MD)No.1087 of 2020
commenced and almost the work has been completed, it may not be
appropriate to interfere with the same. Since the work is carried out to the
tune of around one Crore rupees, it would be appropriate to verify,
whether the work has been carried out in a proper manner. Therefore, we
direct the Legal Services Authority, Ramanathapuram to cause inspection
on the Kudimaramath works done in the Thottamangalam Kanmoi,
Thottamangalam, Karkathakudi Post, Tiruvadanai Taluk,
Ramanathapuram District, whether the work carried out is upto the
specifications and the funds allotted to the said work has been utilised
properly."
8. In view of the above position and taking note of the fact that the work had
hardly commenced and as stated supra, in a hurried manner, an association was
created and work order was issued, pending the writ petition, we are not inclined
to entertain this writ appeal.
9. In fine, this writ appeal stands dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
Index : Yes / No [N.K.K.,J.] [B.P.,J.]
Internet : Yes 29.04.2021
gk
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1087 of 2020
N.KIRUBAKARAN, J.
AND
B.PUGALENDHI, J.
gk
W.A.(MD)No.1087 of 2020
29.04.2021
https://www.mhc.tn.gov.in/judis/
