Madras High Court
Parambikulam-Aliyar Project vs The Principal Secretary on 17 April, 2023
Author: V.M.Velumani
Bench: V.M.Velumani
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
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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
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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
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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
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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
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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.
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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 7/12 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 8/12 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.” 9/12 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
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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
11/12
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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
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