Madras High Court
Marimuthu vs The District Collector on 22 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD)No.2071 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
W.A.(MD)No.2071 of 2024
and
C.M.P(MD)No.14743 of 2024
Marimuthu .. Appellant/Petitioner
Vs.
1. The District Collector,
Tenkasi District, Tenkasi.
2.The Executive Engineer,
Chittaru Irrigation Division,
Tenkasi District.
3.The Executive Engineer,
Highways Department,
Kadayanallur,
Tenkasi District.
4.The Block Development Officer,
Kadayanallur Panchayat Union,
Tenkasi District.
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.2071 of 2024
5.V.Palanisamy
6.Sankaranarayanan
7.P.Suresh Kumar
8.Anna Mani .. Respondents/Respondents
PRAYER: Writ Appeal under Clause 15 of Letters Patent Act praying to set aside
the order dated 11.01.2024 made in W.P.(MD)No.28497 of 2023.
For Appellants : Mr.G.Prabhu Rajadurai
For Respondents : Mr.SRA.Ramachandran
Additional Government Pleader
for R1 to R4
: Mr.N.Shanmuga Selvam
for Mr.P.Murugesan
for R5 & R6
: Mr.S.Kumar
for R7 & R8
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
The dispute relates to riparian rights over water flowing from the western
ghats as well as the sharing of water from ghats of two different irrigation
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systems. The District Collector has passed orders for maintenance of ratio
between the two Ayacutdhars. The said proceedings was the subject matter of
challenge before the Writ Court. While faulting the Collector for not taking into
account the entire irrigation system, the Writ Court, however, directed the parties
to approach the civil Court since the exact proportion in which the water has to be
shared would depend on evidence. Aggrieved over the same, one set of
Ayacutdhars are before this Court. We are unable to interfere with the conclusions
of the Writ Court, particularly, on the aspect of the maintainability of the writ
petition and resolution of dispute over the riparian rights under Article 226 of the
Constitution of India. We, therefore, do not find any merit in the appeal.
2. We, therefore, make it clear that if anyone of the parties choose to
institute civil proceedings, the civil Court will decide the issue independently,
without being influenced by any of the observations made in this proceedings by
the Writ Court or in the order of the District Collector.
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3. The Writ Appeal is dismissed with the above observation. The parties are
directed to maintain status quo for four weeks.
(R.S.M., J.) (S.M., J.)
22.10.2024
NCC : Yes/No
Index : Yes / No
PJL
To
1. The District Collector,
Tenkasi District, Tenkasi.
2.The Executive Engineer,
Chittaru Irrigation Division,
Tenkasi District.
3.The Executive Engineer,
Highways Department,
Kadayanallur,
Tenkasi District.
4.The Block Development Officer,
Kadayanallur Panchayat Union,
Tenkasi District.
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R.SUBRAMANIAN, J.
and
SUNDER MOHAN, J
PJL
22.10.2024
https://www.mhc.tn.gov.in/judis
