Madras High Court
S.Muthu vs The Chief Engineer on 20 February, 2025
Author: S.Srimathy
Bench: J. Nisha Banu, S.Srimathy
W.A.(MD)No.2530 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.02.2025
CORAM:
THE HONOURABLE MRS. JUSTICE J. NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.2530 of 2024
S.Muthu ... Appellant
Vs.
1.The Chief Engineer,
Tiruchirappalli Region,
Water Resource Organisation,
Public Works Department,
Tiruchirappalli – 620 020.
2.The District Collector,
Pudukkottai District,
Pudukkottai.
3.The Tahsildar,
Avudaiyarkovil Taluk,
Pudukkottai District.
4.The Executive Engineer,
Water Resource Organisation,
Public Works Department,
Pudukkottai District.
5.The Assistant Executive Engineer,
Water Resource Organisation,
Public Works Department,
Aranthangi Taluk,
Pudukkottai District.
1/8
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.2530 of 2024
6.The Sub Inspector of Police,
Eambal Police Station,
Eambal,
Pudukkottai District. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the
orders of this Court in W.P.(MD)No.5508 of 2021, dated 13.10.2023.
For Appellant : Mr.K.Baalasundharam
Senior Counsel
for M/s.KBS Law Office
For R1 to R5 : M/s.D.Farjana Ghoushia
Special Government Pleader
For R6 : Mr.A.Albert James
Government Advocate
***
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
The present writ appeal is filed against the order, dated 13.10.2023,
passed in W.P.(MD)No.5508 of 2021.
2. The writ petition is filed for issuance of a Writ of Mandamus, to
direct the respondents to set right the mistake or defective construction of
abnormal height in surplus weir (Kalungu) of Alathimanai Kanmoi so as to
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prevent the immerse of paddy crops by water in the patta lands admeasuring 10
acres of Irumbanadu Village, Avudaiyarkovil Taluk, Pudukkottai District, by
considering the petitioner’s representation, dated 18.01.2021.
3. After considering the rival contentions, the Writ Court had held
that the grievance of the petitioner is a practical problem that happens during
heavy rain and the respondents will have to look at this problem from a larger
perspective, since there are Ayacutthars, who are depending on the water from
the tank. Since the land belonging to the petitioner is located very near to the
Kanmoi, the overflowing waters enters the agriculture land belonging to the
petitioner and the same cannot be avoided. Further, the Writ Court held the
Court cannot exercise its jurisdiction under Article 226 of the Constitution of
India to grant any relief. Aggrieved over the same, the present appeal is filed
by the writ petitioner.
4. The learned Senior Counsel appearing for the appellant submitted
that the appellant / writ petitioner is also one of the Ayacutthars and the said
tank is under the control of PWD Department and the same is not maintained
properly, resulting in inundated of the land belonging to the appellant / writ
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petitioner. Hence, he is incurring huge loss. Further, in an earlier occasion in
the year 2005, the Tahsildar was directed to drain the water with the help of the
Police, vide his proceedings in Na.Ka.No.178/2005/Aa1, dated 10.01.2005. In
similar circumstances, the Court has also granted temporary relief in W.P.(MD)
Nos.14952, 14953 and 14954 of 2010.
5. The Learned Special Government Pleader appearing for the
respondents 1 to 5 submitted that the Tahsildar has conducted spot inspection
and has prepared a report, dated 20.01.2025 wherein it is stated that the beyond
the Kanmoi, the water is inundated in 4.73.5 hectares. In the appellant's / writ
petitioner's place also agriculture activities cannot be carried out, since water is
stagnating with a depth of 5 feet. Based on the report, peace committee
meeting was also called for on 29.01.2025 and the following decisions were
taken in the said meeting:
“rkhjhdf; $l;lj;jpy; fPo;f;fz;lthW KbTfs; vLf;fg;gl;lJ.
l ,Uk;ghehL fz;khapd; rUf;ifapy; itf;fg;gl;Ls;s kzy;
%l;ilfis mg;gwg;gLj;jTk;> kzy;%l;ilfis mfw;Wtjw;F
Kd; kuf;fjtiz Vw;gLj;jpf;nfhLf;fTk;> ,Uk;G gbf;fl;Lfs;
mikj;Jf;nfhLf;fTk; nghJg;gzpj;Jiwf;F
njuptpf;fg;gl;lJ. ,Uk;ghehL fz;kha; ePu; jw;NghJ Fo;e;Js;s
gl;lh ,lq;fs; ,Uk;ghehL fz;kha; ePu;g;gpb vd fpuhkf;
https://www.mhc.tn.gov.in/judis
fzf;Ffspy; ,lk; ngw;Ws;sJ vd njuptpf;fg;gl;lJ.
l Myj;jpkidf; fz;kha; ghrdk; ngWk; eQ;ir epyq;fSf;F
Njitahd nfhs;ssT ePH cs;sjh? vd;gij Ma;Tnra;J
$Ljyhf jz;zPu; Njf;fpitf;fg;gl;bUg;gpd; jz;zPupid
ntspNaw;wTk; rupahd mstPl;by; rUf;if fl;lg;gl;Ls;sij
kPsha;T nra;aTk; nghJg;gzpj;Jiw cjtp nraw;nghwpahsu;
Nfl;Lf;nfhs;sg;gl;lhu;.
l Myj;jpkidf; fz;kha; ePu; R+o;e;Js;s gl;lh Gyj;jpw;Fk;
Gwk;Nghf;F Gyj;jpw;FkpilNa gl;lhjhuu;fshy;
fiuNaw;gLj;jpf;nfhs;s gl;lhjhuu;fSf;F mwpTWj;jg;gl;lJ.
l rupahd mstPl;by; rUf;iffs; fl;lg;gl;Ls;sJ Fwpj;J
kWMa;T nra; nghJg;gzpj;Jiwapd; Planinng & Designing
gpuptpw;F cjtp nraw;nghwpahsu; %yk; fbjk; itj;J njhlu;
eltbf;if Nkw;nfhs;s Nfl;Lf;nfhs;sg;gl;lJ.
l tUtha;j;Jiw> nghJg;gzpj;Jiw kw;Wk; Ntshz;ikj;Jiw
MfpNahiuf;nfhz;l FOtpid Vw;gLj;jp Nkw;fz;l
fz;kha;fisAk; ePu;g;gpb kw;Wk; ePu;g;gpbj;J ghjpf;fg;gl;Ls;s
epyj;jpidAk; Ma;T nra;a KbT nra;ag;gl;lJ.
Nkw;gb $l;ljpy; vLf;fg;gl;l KbTfis
midtUk; Vw;Wf;nfhz;L ifnahg;gk; ,l;Ls;sdu;.”
6. It is seen that the respondents have taken note of the appellant's /
writ petitioner's problem and are taking effective steps to address the problem.
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The respondents are directed to implement the peace committee resolution at
the earliest.
7. For the reasons stated supra, the order passed by the Writ Court is
set aside. With the above said observations, the writ appeal is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
[J.N.B., J.] [S.S.Y., J.]
20.02.2025
Index : Yes / No
Tmg
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To
1.The Chief Engineer,
Tiruchirappalli Region,
Water Resource Organisation,
Public Works Department,
Tiruchirappalli – 620 020.
2.The District Collector,
Pudukkottai District,
Pudukkottai.
3.The Tahsildar,
Avudaiyarkovil Taluk,
Pudukkottai District.
4.The Executive Engineer,
Water Resource Organisation,
Public Works Department,
Pudukkottai District.
5.The Assistant Executive Engineer,
Water Resource Organisation,
Public Works Department,
Aranthangi Taluk,
Pudukkottai District.
6.The Sub Inspector of Police,
Eambal Police Station,
Eambal,
Pudukkottai District.
https://www.mhc.tn.gov.in/judis
J.NISHA BANU, J.
and
S.SRIMATHY, J.
Tmg
20.02.2025
https://www.mhc.tn.gov.in/judis
