Madras High Court
Melaselvanoor Kanmai Waters Users ... vs The Principal Secretary on 6 August, 2019
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.08.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.17352 of 2019
in
W.M.P(MD).No.13843 of 2019
Melaselvanoor Kanmai Waters Users Association,
rep., by its Secretary,
K.Arujunan ...Petitioner
-Vs-
1.The Principal Secretary,
Public Works Department,
St.George Fort,
Secretariat, Chennai-600 009.
2.The Chief Engineer,
Public Works Department,
Construction and Maintenance,
Chepauk, Chennai-600 005.
3.The District Collector,
Ramanathapuram District,
Ramanathapuram.
4.The Superintending Engineer,
Public Works Department,
Construction and Maintenance,
Thallakulam, Madurai-2.
5.The Executive Engineer,
Public Works Department,
Construction and Maintenance,
Paramakudi, Ramanathapuram District.
6.The Revenue Divisional Officer,
Paramakudi,
Ramanathapuram District.
http://www.judis.nic.in
2
7.The Assistant Executive Engineer,
Public Works Department,
Construction and Maintenance,
Kundaru Division,
Kamuthi, Ramanathapuram District.
8.Gopalakrishnan ...Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus, to direct the respondents 3 to
7 to verify the eligibility of the members of the association formed
by the 8th respondent namely Selvanoor Kanmai Water Users
Association and the validity of the documents furnished by them
along with that of the petitioner Association and only thereafter
entrust the work of Kudimaramath of Selvanoor Kanmai, Kadaladi
Taluk, Ramanathapuram District to the water user
association/Ayyakattuthar of Selvanoor Kanmai as per the
directives issued in the Government Order in G.O.Ms.No.58 Public
Works Department, dated 13.06.2019 within the time frame
stipulated by this Court.
For Petitioner : Mr.G.Mohankumar
For Respondents : Mr.C.M.Mari Chelliah Prabhu
(for R1 to R7)
Additional Government Pleader
ORDER
The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents 3 to 7 to verify the eligibility of the members of the association formed by the 8th respondent, namely, Selvanoor Kanmai Water Users Association and the validity of the documents furnished by them along with that of the petitioner Association and http://www.judis.nic.in 3 only thereafter, entrust the work of Kudimaramathu of Selvanoor Kanmai, Kadaladi Taluk, Ramanathapuram District to the water user association/aycutdars of Selvanoor Kanmai as per the directives issued in the Government Order in G.O.Ms.No.58, Public Works Department, dated 13.06.2019 within the time frame stipulated by this Court.
2.Heard Mr.G.Mohankumar, learned counsel appearing for the petitioner and Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader appearing for the respondents 1 and 7. Since no adverse order is going to be passed against the eighth respondent, notice to him is dispensed with.
3.The Government issued a Government Order in G.O.Ms.No. 58, Public Works Department, dated 13.06.2019, under which, the Kudimaramathu work to be undertaken in respect of the number of water tanks and water bodies throughout the State to be given to the participatory method of aycutdars/farmers of the village or tank concerned. Accordingly, financial sanction to the extent of Rs.499/- crore have already been made by the State Government.
4.The Selvanoor kanmai at Melaselvanoor Village, Kadaladi Taluk, Ramanathapuram District, is one of the tanks to be undertaken the work of Kudimaramath. Accordingly, a sum of http://www.judis.nic.inRs.80,00,000/- was sanctioned. 4
5.As per the procedure in vogue, as contemplated under the Government Order, the work has to be undertaken only by aycutdars, for which, Society to be registered under the Society Registration Act consisting of aycutdars as members to be formed.
6.Accordingly, there are two societies in that village, one is called “MelaselvanoorKanmai Water Users Association”, which is the petitioner and another one is “Selvanoorkanmai Water Users Association”.
7.In this context, it is the grievance of the petitioner that, the petitioner association is mustering majority members of the aycutdars, despite the same, the rival association is trying to get the work, which is headed by not an ayyakattuthar but only by a Contractor and therefore, if the work is entrusted with the other Society, the kudimaramath work for the tank concerned may not be undertaken properly and ultimately, aycutdars would be suffered. Therefore, the petitioner is before this Court with the aforesaid prayer.
8.The said averments made by the petitioner has been reiterated by the learned counsel appearing for the petitioner. http://www.judis.nic.in 5
9.However Mr.C.M.Mari Chellaiah Prabhu, learned Additional Government Pleader appearing for the official respondents, on instructions, would submit that, among the two Associations, the strength of the Association has been verified by the Tahsildar and accordingly, he gave a report to the Revenue Divisional Officer on 24.07.2019, whereby, the Tahsildar has stated that, an Association i.e., the rival association, has submitted a membership list of 305, out of which, on scrutiny, 41 members have been rejected, so, the remaining 264 are the aycutdars.
10.In respect of the petitioner Association, list of 271 members have been given, out of which, 45 had been rejected and the remaining 226 are the eligible aycutdars to be members of the petitioner association. Therefore, it is 264 V., 226. Hence, the association called “Selvanoorkanmai Water Users Association” consisting of 264 is the majority members comparing with the petitioner association, which having only 226 members and have been entrusted the work i.e., “Kudimaramathupani” and the same has been commenced and it is going on from 31.07.2019. In this regard, the report of the Executive Engineer, Water Resources Department, Gundar Basin Division, Madurai-2, dated 06.08.2019 made the following:-
“6.Thasildar, Kadaladi has scrutinized the records and signatures obtained from the members for support to both groups. Finally, Thasildar, http://www.judis.nic.in Kadaladi, has recommended the Group A 6 (Thiru.Gopalakrishnan) to District Collector, Ramanathapuram in letter No.A3/3972/2019, dated 24.07.2019 and copy marked to RDO, Paramakudi.
It is submitted that Group A has obtained more support and signature in that village. Copy of letter is herewith submitted.
7.The above work has been commenced on 31.07.2019 by this association and work is in progress. It is submitted that, it is programmed to complete the kudimarmath work before the commencement of monsoon to store more water in this tank.
In this regard, it is submitted that the above work has been allotted to register association as per the law and with the consent of village people and work has been commenced. There is not any deviations in the allotting of work to this association as informed by the petitioner.”
11.By relying upon this communication, the learned Additional Government Pleader would submit that, the work has already been entrusted to the other association, other than, the petitioner and they started the work from 31.07.2019.
12.However, the learned counsel appearing for the petitioner submitted that, these documents have been created only recently http://www.judis.nic.ini.e., yesterday (05.08.2019) and today (06.08.2019) and based on 7 this document, it cannot be construed that, the work has been entrusted to the rival association and work has been commenced i.e., 31.07.2019. He would also submit that, the eighth respondent, who is representing for the rival association, is not at all the Ayyakattuthar, that has also not been verified by the respondents and since he is the Contractor, the work may not be undertaken properly, with the result, the desilting work may not be completed with the full investment of the financial sanction given by the Government. Therefore, the said exercise that was given to the rival association and the work already undertaken by the rival association should be stopped by way of a prohibitory order.
13.I have considered the said submissions made by both sides.
14.The procedure in vogue is, as contemplated in the Government Order, referred to above, whoever formed the association for the purpose of kudimaramathu work and if there is a rival claim by two associations, who is having the majority members of ayykattuthars will be the criteria, as on the basis of the majority members association, work would be entrusted to such association and in this regard, in the present case also, the rival association, other than the petitioner, has been entrusted the work, http://www.judis.nic.inas according to the respondents, it is mustering majority 8 ayyakattudhars that 264 members, whereas, the petitioner association is having only 226 members.
15.In that view of the matter, this Court does not find fault with the entrustment of the work to the other association as according to the report of the Tahsilar, it must have the majority strength.
16.At the same time, since it is alleged by the petitioner's side that, the eighth respondent, who is heading the other association, is not at all an ayyakattuthar and he is the Contractor, that also could be taken into account and in that case, the apprehension of the petitioner's side that, the work may not be completed properly, at the hands of the eight respondent, will have some force.
17.Therefore, this Court is of the view that, in order to balance the both sides and also to ensure that, the Kudimaramath work is undertaken in the tank concerned with utilisation of the fund allotted by the Government before commencement of North- East monsoon season, this Court is inclined to pass the following order by disposing of this writ petition:-
“that the respondents 5, 6 and 7 after have a joint discussion to pass order constituting a http://www.judis.nic.in 9 Monitoring Committee. Such Monitoring Committee shall consisting of 10 members, 5 each from the rival societies i.e., the petitioner's society and another society, namely, Selvanoorkanmai Water Users Association and the five members to be sponsored by each society must be aycutdars of the tank concerned of the village called Melaselvanoor, Kadaladi Taluk, Ramanathapuram District and the said Monitoring Committee must monitor the Kudimaramathu work being undertaken by the Selanoorkanmai Water Users Association, as entrusted to them from 31.07.2019. If the monitoring committee finds any deviation on the ongoing work of kudimaramathu, the same shall be recorded in writing with evidence and be brought to the notice of the respondents including the respondents 3 and 4 and if any such complaint is brought to the notice of the said respondents by the monitoring committee, the same shall be immediately addressed and after inspecting the work undertaken of the tank concerned by the PWD and revenue people, necessary remedial action shall be taken and if any deviation is unearthed or found by the inspection team, in such a situation, a decision can be taken by the respondents against the erring persons, who is in-charge of the association, who has undertaken the kudimaramath work. The needful, as indicated above, i.e., the constitution of the monitoring committee, shall immediately be undertaken within a period of three days from the date of receipt of a copy of this order http://www.judis.nic.in and the constitution of the committee shall be 10 informed to the aycutdars by public notice as well as the “tomtom” in that locality.”
18.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
06.08.2019 Index : Yes/No Internet : Yes/No rmk Note : Issue order copy on 08.08.2019 To
1.The Principal Secretary, Public Works Department, St.George Fort, Secretariat, Chennai-600 009.
2.The Chief Engineer, Public Works Department, Construction and Maintenance, Chepauk, Chennai-600 005.
3.The District Collector, Ramanathapuram District, Ramanathapuram.
4.The Superintending Engineer, Public Works Department, Construction and Maintenance, Thallakulam, Madurai-2.
5.The Executive Engineer, Public Works Department, Construction and Maintenance, Paramakudi, Ramanathapuram District. http://www.judis.nic.in 11
6.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
7.The Assistant Executive Engineer, Public Works Department, Construction and Maintenance, Kundaru Division, Kamuthi, Ramanathapuram District.
http://www.judis.nic.in 12 R.SURESH KUMAR,J., rmk W.P.(MD)No.17352 of 2019 in W.M.P(MD).No.13843 of 2019 06.08.2019 http://www.judis.nic.in