Parambikulam-Aliyar Project vs The Principal Secretary
2023 Latest Caselaw 4254 Mad

                                                                         W.A.Nos.897 & 898 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 17.04.2023

                                                        CORAM

                                  THE HONOURABLE Ms. JUSTICE V.M.VELUMANI
                                                         AND
                             THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN


                                  W.A.Nos.897 & 898 of 2014 and M.P.Nos.1 & 1 of 2014
                                                         AND
                                       W.P.No.26891 of 2014 and M.P.No.2 of 2014



                     W.A.No.897 of 2014

                     Parambikulam-Aliyar Project
                     Thirumoorthi Reservoir Project Committee
                     Rep. by its Chairman
                     K.Paramasivam
                     R.Ponnapuram & Post
                     Mahalingapuram Via Pollachi Taluk
                     Coimbatore District                                      .. Appellant

                                                         Vs.
                     1.The Principal Secretary
                     Public Works Department
                     Government of Tamil Nadu
                     Fort St. George, Chennai 600 009




                     1/12


https://www.mhc.tn.gov.in/judis
                                                                      W.A.Nos.897 & 898 of 2014

                     2.The Principal Chief Engineer
                     Water Resources Organization
                     Public Works Department
                     Chepauk, Chennai 600 005

                     3.The Chief Engineer
                     Water Resources Organization
                     Public Works Department
                     Pollachi Range, Coimbatore
                     Coimbatore District

                     4.The Superintending Engineer
                     Water Resources Organization
                     Public Works Department
                     Parambikulam-Aliyar Project
                     Pollachi, Coimbatore District

                     5.The District Collector
                     Tiruppur District
                     Tiruppur

                     6.The Executive Engineer
                     Public Works Department
                     Thirumoorthy Division
                     Water Resources Organization
                     Udumalpet

                     7.Alambalayam Poosarinayakkan Aeri Pasana Vivasayikal Sangam
                     Alambalayam, Kurichikottai Post
                     Rep. by its President
                     T.Kandasamy
                     Alambalayam Village
                     Kurichikottai Post
                     Coimbatore District                                    .. Respondents

https://www.mhc.tn.gov.in/judis W.A.Nos.897 & 898 of 2014

Writ Appeal filed under Clause 15 of Letters Patent to set aside the

order dated 04.06.2014 passed in W.P.No.4833 of 2010.

For Appellant : Mr.C.Prakasam For R1 to R6 : Mr.Haza Nazirudeen Additional Advocate General assisted by Mr.C.Selvaraj Additional Government Pleader For R7 : Mr.K.Sathish for M/s.Profexs Associates

W.A.No.898 of 2014

Parambikulam-Aliyar Project Thirumoorthi Reservoir Project Committee Rep. by its Chairman K.Paramasivam R.Ponnapuram & Post Mahalingapuram Via Pollachi Taluk Coimbatore District .. Appellant

Vs.

1.Alambalayam Poosarinayakkan Aeri Pasana Vivasayikal Sangam Alambalayam, Kurichikottai Post Rep. by its President T.Kandasamy Alambalayam Village Kurichikottai Post Coimbatore District

https://www.mhc.tn.gov.in/judis W.A.Nos.897 & 898 of 2014

2.The Principal Secretary Public Works Department Government of Tamil Nadu Fort St. George, Chennai 600 009

3.The Principal Chief Engineer Water Resources Organization Public Works Department Chepauk, Chennai 600 005

4.The Chief Engineer Water Resources Organization Public Works Department Pollachi Range, Coimbatore Coimbatore District

5.The Superintending Engineer Water Resources Organization Public Works Department Parambikulam-Aliyar Project Pollachi, Coimbatore District

6.The District Collector Tiruppur District, Tiruppur

7.The Executive Engineer Public Works Department Thirumoorthy Division Water Resources Organization, Udumalpet

8.Dhali Vaikkal Vadaboothinatham Village Water Users Association Rep. by its President V.R.Venkatramani No.A-12, Venkatachalam Street Gandhi Nagar, Udumalpet Tiruppur District .. Respondents

https://www.mhc.tn.gov.in/judis W.A.Nos.897 & 898 of 2014

Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 04.06.2014 passed in W.P.No.21335 of 2010.

For Appellant : Mr.C.Prakasam For R1 : Mr.K.Sathish for M/s.Profexs Associates For R2 to R7 : Mr.Haza Nazirudeen Additional Advocate General assisted by Mr.C.Selvaraj Additional Government Pleader For R8 : No appearance

W.P.No.26891 of 2014 :

Parambikulam-Aliyar Project Thirumoorthi Reservoir Project Committee Rep. by its Chairman K.Paramasivam R.Ponnapuram & Post Mahalingapuram Via Pollachi Taluk Coimbatore District .. Petitioner

Vs.

1.The Principal Secretary Public Works Department Government of Tamil Nadu Fort St. George, Chennai 600 009

2.The Principal Chief Engineer Water Resources Organization Public Works Department Chepauk, Chennai 600 005

https://www.mhc.tn.gov.in/judis W.A.Nos.897 & 898 of 2014

3.The Chief Engineer Water Resources Organization Public Works Department Coimbatore Range, Coimbatore Coimbatore District

4.The Superintending Engineer Water Resources Organization Public Works Department Parambikulam-Aliyar Project Pollachi, Coimbatore District

5.The District Collector Tiruppur District, Tiruppur

6.The Executive Engineer Public Works Department Water Resources Organization Parambikulam-Aliyar Project Thirumoorthy Division Udumalpet

7.Alampalayam Poosarinaicken Aeri Pasana Vivasayigal Sangam Alampalayam, Kurichikottai Post Udumalpet Taluk Tiruppur District Rep. by its President T.Kandasamy .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari calling for the entire records relating to the impugned G.O. passed by the 1st respondent in his proceedings G.O.Ms.No.444 Public Works (Q-1) Department, dated 23.09.2014 and quash the same.

https://www.mhc.tn.gov.in/judis W.A.Nos.897 & 898 of 2014

For Petitioner : Mr.C.Prakasam For R1 to R6 : Mr.Haza Nazirudeen Additional Advocate General assisted by Mr.C.Selvaraj Additional Government Pleader For R7 : Mr.K.Sathish for M/s.Profexs Associates

COMMON JUDGMENT

(Delivered by V.LAKSHMINARAYANAN, J.)

These writ appeals have been filed challenging the order dated

04.06.2014 passed in W.P.No.4833 of 2010 and W.P.No.21335 of 2010,

respectively and the writ petition has been filed to quash the

G.O.Ms.No.444 Public Works (Q-1) Department, dated 23.09.2014.

2. In view of commonality of issue involved, these writ appeals and

writ petition are considered and decided by this common judgment.

3. The grievance of the appellant Committee is that due to the

inclusion of Poosarinaicken eri/lake under Dhali channel, the cultivable

https://www.mhc.tn.gov.in/judis W.A.Nos.897 & 898 of 2014

areas are being expanded. The appellant Committee fears that on account of

increase in the ayacut area, the water that is being supplied to them will be

diminished. According to the appellant Committee, this can be done only

by way of amendment to the Parambikulam-Aliyar Project (Regulations of

Water Supply) Act (Act 20 of 1993).

4. On 02.03.2023, we directed the Superintending Engineer to file a

report to this Court, if there is any reduction in supply of water to the

members of the appellant Committee. An affidavit dated 27.03.2023 has

been filed by the Superintending Engineer, wherein, the following has been

stated :

“13. It is respectfully submitted that Poosarinaicken Aeri was originally getting water from the upstream side of Palar river and also getting water from the jungle streams of Lingamavoor odais. The ayacut lands of Poosarinaicken Aeri was considered as old Palar system similar to Dhali 7 tanks and not come under the new Parambikulam Aliyar Project system and hence water is being released only from the yield from the Palar River (Palar Credit) through a sluice arrangement made from the Manupatti Branch Canal and as such there is no necessity to amend the said Parambikulam Aliyar Project (Regulation of Water Supply) Act.

14. It is true that the Government has the power to extend a small extent of 88.56 acres of land for irrigation which will not affect

https://www.mhc.tn.gov.in/judis W.A.Nos.897 & 898 of 2014

the irrigation interest of 3,77,152 acres of land under the PAP scheme. Further, it is more relevant to consider that only an extent of 2,02,152 acres of land were initially identified for getting water supply from the Parambikulam Aliyar Project which was gradually increased upto 3,77,152 acres over the years. It is most relevant to point out that in view of the developments of Towns like Udumalpet, Palladam, Kangeyam, Vellakovil, situated in the Parambikulam Aliyar Project area, an extent of about 5,400 acres of land has not utilized water for irrigation from the PAP project. As of now, the Government has identified that about 5,400 acres of land which were originally a part of the agricultural lands irrigated by Parambikulam Aliyar Project has not put to agricultural operations and it is decided to delete the above said 5,400 acres of land from the registered ayacut of Parambikulam Aliyar Project.

15. It is relevant to point out that the excess water which is not utilized by the above said 5,400 acres is allowed in the Parambikulam Aliyar Project Canal and the appellant is also the beneficiary of the excess water released in the canal. Now, the agriculturists including the appellant are enjoying the excess water which was not utilized by the above said 5,400 acres of land. The Government considered all these aspects and passed the well-reasoned order. Whenever there is a surplus water realized over and above the capacity of Thirumoorthi dam, the surplus water released from Thirumoorthi dam through its surplus weir will flow downstream through Palar river which joins with Aliyar river and then confluences with Bharathapuzha river. In this surplus situation, water may be supplied to Poosarinayakkan Aeri, only through the Manupatti Branch Canal, but without affecting the supply pattern of water to Parambikulam Aliyar Project ayacut and Dhali channel 7 tank ayacut.”

https://www.mhc.tn.gov.in/judis W.A.Nos.897 & 898 of 2014

5. This shows that the water that is being supplied to the members of

the appellant Committee is not being reduced and due to the conversion of

agricultural lands into housing plots (about nearly 5400 acres), the water

that was being supplied to the said lands is being diverted to the

beneficiaries of the Parambikulam-Aliyar Project Canal, which includes the

members of the appellant Committee. Therefore, the grievance of the

appellant Committee is more than satisfied.

6. The above averments in paragraphs 13 to 15 are recorded and these

writ appeals and writ petition are disposed of. It is made clear that in case

the Government wants to increase the ayacut supply to fresh ayacut lands,

the necessary exercise for amendment shall be carried out. No costs.

Connected miscellaneous petitions are closed.

                                                                          (V.M.V.,J.)     (V.L.N.,J.)
                                                                                  17.04.2023
                     Index : Yes / No
                     Neutral citation : Yes/No
                     gya

https://www.mhc.tn.gov.in/judis W.A.Nos.897 & 898 of 2014

To

1.The Principal Secretary Public Works Department Government of Tamil Nadu Fort St. George, Chennai 600 009

2.The Principal Chief Engineer Water Resources Organization Public Works Department Chepauk, Chennai 600 005

3.The Chief Engineer Water Resources Organization Public Works Department Coimbatore Range, Coimbatore Coimbatore District

4.The Superintending Engineer Water Resources Organization Public Works Department Parambikulam-Aliyar Project Pollachi, Coimbatore District

5.The District Collector Tiruppur District, Tiruppur

6.The Executive Engineer Public Works Department Water Resources Organization Parambikulam-Aliyar Project Thirumoorthy Division Udumalpet

https://www.mhc.tn.gov.in/judis W.A.Nos.897 & 898 of 2014

V.M.VELUMANI, J.

AND V.LAKSHMINARAYANAN, J.

gya

W.A.Nos.897 & 898 of 2014 AND W.P.No.26891 of 2014

17.04.2023

https://www.mhc.tn.gov.in/judis