Madras High Court
C.Madasamy vs The District Collector on 5 April, 2024
Author: N.Seshasayee
Bench: N. Seshasayee
W.A.(MD.Nos.364 & 365 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.04.2024
CORAM
JUSTICE N. SESHASAYEE
and
JUSTICE P.VADAMALAI
W.A.(MD).Nos.364 & 365 of 2014
and
M.P.(MD).Nos.1 & 1 of 2014
W.A.(MD).No.364 of 2014
C.Madasamy,
Son of Chelliah,
President,
Malaipatti Orungkinaitha Neervatipagudi
Velanmai Tittakulu-I”,
No.2, Middle Street, Malaipatti, Pirivillikottai Post,
Thoothukudi District. ... Appellant /Petitioner
Vs.
1. The District Collector, Thoothukudi District.
2. The Project Officer,
District Water Catchment Development Office,
Thoothukudi-628 101.
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W.A.(MD.Nos.364 & 365 of 2014
3. The Registrar of Societies,
Palayamkottai,
Tirunelveli District.
4. A.Muthupandi
5. S.Geetha
6. M.Muniyasamy
7. K.Lingammal
8. K.Mariyammal
9. Subburaj
10. Pachiammal
11. Ramasamy
12. A.Ramar
13. K.Shanmuga Sundari
14. R.Baskaravelu ... Respondents / Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent Act against the
order of this Court in W.P.No.14786 of 2013, dated 10.01.2014 and allow the
above Writ Appeal.
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W.A.(MD.Nos.364 & 365 of 2014
W.A.(MD).No.365 of 2014
V.Chandran,
President,
Malaipatti Orungkinaitha Neervatipagudi
Velanmai Tittakulu-II”,
No.2/260, South Street, Malaipatti,
Pirivillikottai Post,Thoothukudi District. ... Appellant /Petitioner
Vs.
1. The District Collector,
Thoothukudi District.
2. The Project Officer,
District Water Catchment Development Office,
Thoothukudi-628 101.
3. The Registrar of Societies,
Palayamkottai, Tirunelveli District.
4.P.Chinna Mariyappan
5. S.Savithiri
6. Santhakumar
7. K.Guruvammal
8. R.Subburaj
9. V.Jeyalakshmi
10. S.Kala
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W.A.(MD.Nos.364 & 365 of 2014
11. S.Annakili
12. M.Karuppasamy
13. P.Ganapathy
14. R.Baskaravelu ... Respondents / Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent Act against the
order of this Court in W.P.No.14787 of 2013, dated 10.01.2014 and allow the
above Writ Appeal.
For Appellants : Mr.K.R.Laxman
For R-1 to R-3 : Mr.N.Muthuvijayan,
Special Government Pleader
For R-4 : Mr.G.Thalaimutharasu
(In Both Cases)
COMMON JUDGMENT
(Common Judgment of the Court was delivered by N.Seshasayee, J.)
The challenge in the batch of Writ Appeals is to a circular dated 20.08.2013
issued by the 2nd respondent.
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W.A.(MD.Nos.364 & 365 of 2014
2. According to the appellants, by virtue of this circular, the authority
concerned had changed the office bearers of a certain society, which was
formed to serve as a Water Shed Committee.
3. The brief facts, which are relevant for the current purpose is that for
implementing the Central Government Scheme for developing water
resources to be implemented through the State Agency, Water Shed
Committee were constituted and this Committee was to be comprised of the
villagers in the manner provided for in the guidelines framed in 2008.
4. According to the appellants, Water Shed Committee indeed was constituted
as provided in the guidelines, but suddenly under the impugned circular dated
20.08.2013, the entire officer bearers were changed.
5. The reply of the second respondent was that the guideline itself was
subsequently modified in 2011 and as per the 2011 guidelines, there were no
more need to constitute a society for serving as a Water Shed Committee and
that this Committee can be directly paid from the Grama Sabha and it
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W.A.(MD.Nos.364 & 365 of 2014
required to serve as a Sub Committee of the Grama Sabha and accordingly,
this Committee has been constituted.
6. When the matter came before the learned Single Judge, he had observed
that only a Committee has been constituted and no right of the petitioners
apparently has been taken away and accordingly, disposed of the matter.
7. The learned Special Government Pleader informs the Court that the very
Scheme itself has been closed on 31.08.2020.
8. In view of the same, nothing survives for consideration in these Writ
Appeals. Accordingly, these Writ Appeals stand closed. No costs.
Consequently, connected miscellaneous petitions are closed.
(N.S.S., J.) (P.V.M., J.)
05.04.2024
NCC : Yes/No
Index : Yes/No
Internet : Yes
TSG
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W.A.(MD.Nos.364 & 365 of 2014
To
1. The District Collector,
Thoothukudi District.
2. The Project Officer,
District Water Catchment Development Office,
Thoothukudi-628 101.
3. The Registrar of Societies,
Palayamkottai, Tirunelveli District.
4.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court, Madurai.
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W.A.(MD.Nos.364 & 365 of 2014
N. SESHASAYEE, J.
and
P.VADAMALAI, J.
TSG
W.A.(MD).Nos.364 & 365 of 2014
05.04.2024
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