Madras High Court
Chinna Ulagani Grama Kanmoi vs The District Collector on 29 August, 2019
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
W.P.(MD)No.18791 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.08.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.18791 of 2019
and
W.M.P(MD).No.15132 of 2019
Chinna Ulagani Grama Kanmoi
Neer Pasana Vivasaya Nala Sangam,
rep., by its President,
S.Sundararajan ...Petitioner
-Vs-
1.The District Collector,
Madurai District.
2.The Revenue Divisional Officer,
Madurai District.
3.The Tahsilar,
Kallikudi Taluk,
Madurai District.
4.The Executive Engineer,
Public Works Department,
Gundaru River Basin Division,
Penny Cuick Valagam,
Tallakulam, Madurai. ...Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus, to forbear the respondents
from issuing work orders to any person in respect of
Kudimaramathu works of “Chinna Ulagani Grama Kanmoi Neer
Pasana Vivasaya Nala Sangam” without receiving the application
from the petitioner sangam and consequently, direct the
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W.P.(MD)No.18791 of 2019
respondents to consider the representation of the petitioner dated
26.08.2019.
For Petitioner : Mr.C.M.Arumugam
For Respondents : Mr.P.Kannithevan
Additional Government Pleader
ORDER
The prayer in this writ petition is for a Writ of Mandamus, to forbear the respondents from issuing work orders to any person in respect of Kudimaramathu works of “Chinna Ulagani Grama Kanmoi Neer Pasana Vivasaya Nala Sangam” without receiving the application from the petitioner sangam and consequently, direct the respondents to consider the representation of the petitioner dated 26.08.2019.
2.Heard Mr.C.M.Arumugam, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents.
3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.
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4.The grievance of the petitioner as projected by the learned counsel appearing for the petitioner is that, the petitioner is a registered Society consisting of Farmers/Ayacutdars of Chinna Ulagani Village, Kallikudi Taluk, Madurai District. The Government recently issued G.O.Ms.No.58, Public Works (W2) Department, dated 13.06.2019, where, the Government have accorded Administrative Sanction for implementation of the Kudimaramath, i.e., water bodies restoration with participatory approach scheme for the year 2019-2010 for which, an amount of Rs.499.688 Crores for 6829 number of works have been given. Restoration of Chinna Ulagani Grama Kanmai is also one among the tank, for which, amount was sanctioned by the Government for undertaking the Kudimaramath work i.e., desilting the tank.
5.It is the further case of the petitioner that, as per the procedure in vogue, only by way of public participation, the work of Kudimaramath would be undertaken by entrusting the work to a group of ryot or Ayacutdars by way of a registered Society under the provisions of the Registration Act. In this context, though the petitioner sangam has already approached the third respondent as well as the fourth respondent seeking the work to be entrusted to them, the same has not been given. Therefore, the petitioner is before this Court.
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6.However, the learned Additional Government Pleader appearing for the respondents, on instructions, would submit that, there is a sangam called “Chinna Ulagani Grama Kanmoi Neer Pasana Vivasaya Sangam” and in view of the two rival claims, based on the majority members/Ayacuttars/farmers, the decision would be taken, within a day or two by the officers/respondents to entrust the kudimaramathu work of the tank concerned. Therefore, in this context, it is the stand of the respondents as submitted by the learned Additional Government Pleader that, between these two Sangam, if any one of them mustering the majority of the Ayacutdars, after identifying the same, the respondents are ready and willing to entrust the work of de- siltation to that Sangam.
7.I have considered the said submissions made by both sides.
8.Now, since there are two registered Sangams belongs to the concerned locality consisting of Ayacutdars of the tank concerned, the work can be entrusted either of the Sangam, who muster the majority of members/Ayacutdars of the tank and accordingly, the Sangam, which mustering the majority of the Ayacutdars can be allotted and given the work. http://www.judis.nic.in 4/2 W.P.(MD)No.18791 of 2019
9.In order to identify as to which sangam among the two mustered majority Ayacutdars as members, this Court has already given direction in a number of similar writ petitions, where directions were given to the Tahsildar as well as the Executive Engineer (Public Work Department) to conduct an election. Accordingly in this case also, since there are two rival claims, before deciding the same as to in whose favour the kudimaramathu work has to be entrusted and which sangam is having majority members, has to be ascertained. Therefore, this Court passes the following direction:-
“The 3rd and 4th respondents shall convene a meeting of all the Ayacutdars/Farmers of the tank concerned on 31.08.2019 (Saturday) at 11.00 a.m., in a public place at the same village i.e., Chinna Ulagani Village, Kallikudi Taluk, Madurai District, by giving notices by way of Tom-Tom and individual notices only to the office bearers of both the Sangam, requiring them to present on the date and time fixed as above and on the said meeting, the 3 rd and 4th respondents, with the help of a representative from the PWD department to be nominated in this regard as well as the police http://www.judis.nic.in 5/2 W.P.(MD)No.18791 of 2019 people of Kallikudi or concerned Police Station to conduct election by issuing ballot, which will have two options to each of the Ayacutdar/Farmer as to whether they prefer 'A' Sangam i.e., Chinna Ulagani Grama Kanmoi Neer Pasana Vivasaya Nala Sangam, or 'B' Sangam i.e., Chinna Ulagani Grama Kanmoi Neer Pasana Vivasaya Sangam and in whose favour, they wanted the Government to entrust the Kudimaramath work of the tank at Chinna Ulgani village, Kallikudi Taluk, Madurai District. The election shall be held between 11.30 and 12.30 a.m. i.e., for an hour and after completing the election, based on the majority votes, the Tahsildar concerned, has to file a report recommending as to which Sangam is mustering the majority of the Ayacutdar, on the date itself to the 4th respondent, who, on receipt of such recommendatory report from the 3rd respondent, shall pass orders immediately entrusting the Kudimaramath work to the said Sangam. In this regard, the 3rd respondent to ensure law and order and in this regard, he can take necessary police protection from the Inspector of Police of concerned Police Station. http://www.judis.nic.in 6/2 W.P.(MD)No.18791 of 2019
10.With this direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
29.08.2019
Index : Yes/No
Internet : Yes/No
rmk
Note : Issue order copy on 30.08.2019
To
1.The District Collector,
Madurai District.
2.The Revenue Divisional Officer,
Madurai District.
3.The Tahsilar,
Kallikudi Taluk,
Madurai District.
4.The Executive Engineer,
Public Works Department,
Gundaru River Basin Division,
Penny Cuick Valagam,
Tallakulam, Madurai.
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W.P.(MD)No.18791 of 2019
R.SURESH KUMAR ,J.
rmk
W.P.(MD)No.18791 of 2019
29.08.2019
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