Madras High Court
Parambikulam Aliyar Irrigation ... vs The Coimbatore District Collector on 17 March, 2022
Author: Anita Sumanth
Bench: Anita Sumanth
W.P.No.35761 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.35761 of 2019
Parambikulam Aliyar Irrigation Project
Water Users Association
Represented by its President
Vickram Muthu Rathina Sabari,
Ramachandrapuram,
Chinnappanpalayam Post,
Pollachi. ...Petitioner
Vs
1.The Coimbatore District Collector,
State Bank Road,
Beside Police Office,
Gopalapuram,
Coimbatore-641 018.
2.Superintending Engineer, W.R.O.,
Public Works Department,
Parambikulam Aliyar Basin Circle,
PAP Campus, Makkinakkenpati Post,
Pollachi – 642 003.
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W.P.No.35761 of 2019
3.Executive Engineer, W.R.O.
Public Works Department,
Parambikulam Division,
Parambikulam.
4.The Principal Secretary,
Public Works Department,
Secretariat, Chennai-600 009.
5.The Chief of Engineer, W.R.O.
Public Works Department,
Pollachi Region,
Town Hall, Coimbatore – 641 001.
6.The Joint Chief Engineer (IRRIGATION),
Engineer in Chief, W.R.O. P.W.D.,
Chepauk, Chennai-600 005. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, directing the Respondents to release quantity of water as per
G.O. obtained yearly according to the availability of water in accordance with the
High Level Committee's report submitted in 2000 for Vettaikaranpudur canal which
has 5558.41 acres in A zone and 5623.07 acres in B zone once in two years in a
span of 4½ months without any interruption.
For Petitioner : Ms.Prerna Khatri
for Mr.A.K.Mylsamy
For Respondents : Mr.Silambannan, Additional Advocate General
assisted by Mr.D.Gopal
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W.P.No.35761 of 2019
Government Advocate
ORDER
The petitioner, Parambikulam Aliyar Irrigation Project Water Users Association has filed this writ petition seeking a mandamus directing the respondents, the District Collector of Coimbatore/R1 and various officials of the Public Works Department/R2 to R6, to release water in accordance with the report of the High Level Committee submitted in 2000 for Vettaikaranpudur Canal.
2.Heard Ms.Prerna Khatri, learned counsel for the petitioner and Mr.Silambannan, learned Additional Advocate General for Mr.D.Gopal, learned Government Advocate for the respondents.
3. The petitioner association comprises agriculturists whose lands are irrigated by the Vettaikaranpudur canal and its distributaries. G.O.Ms.No.82 PW, dated 03.03.2016 had appointed a competent authority to take over charge of the Farmers Organizations and execute the powers and functions under the Tamil Nadu Farmers Management Irrigation Systems Act.
4. A High Level Committee had been constituted by the Government, to study the pattern of irrigation and arrive at an appropriate methodology of irrigation under the Parambikulam main canal. The petitioner association had been 3/10 https://www.mhc.tn.gov.in/judis W.P.No.35761 of 2019 constituted with the avowed object of protecting the interests of the farmers and ensure proper implementation of the committee’s report.
5. At the outset, an objection is raised as to the maintainability of the present writ petition seeing as only a minimum number of farmers, 10 to be exact, have approached this Court, whereas the majority of the farmers, in the region of 2370 (approx.), rest content with the supply of water as on date. However in the nature of the order ultimately passed, this objection is not seriously persued.
6. The petitioner submits that report of the High Level Committee has not been followed and draws attention to the findings under Chapter-V thereof, that read as follows:
'CHAPTER – V ANALYSIS OF THE TECHNICAL FEASIBILITY OF THE NEW PROPOSAL
1.The views expressed by the farmers at the meetings held at Pongalur, Udumalaipettai and Pollachi, the discussions had with the officers in charge of water regulation in PAP system the suggestions obtained from a few erstwhile operators of the System and the deliberations in the five meetings of the High Level Committee as outlined in Chapter-IV have brought out the following in focus.
2.1.The total ayacut under the PAP in the Aliyar and Palar Basins including the extended ayacut under the Parambikulam Main Canal is as follows:-
1.ALIYAR BASIN:-
(Ayacut in acres)
1.Aliyar Feeder Canal : 4,665
1.a. Sethumadai Canal : 5,044
2.Vettaikaranpudur Canal : 11,181
3.Pollachi Canal : 23,488 ............4/10
https://www.mhc.tn.gov.in/judis W.P.No.35761 of 2019 Basin Total : 44,378 ............
II.PALAR BASIN:-
4.Parambikulam Main Canal : 3,74,675
5.High Level Canal : 2,477 ...............
Basin Total : 3,77,15 ...............
Grand Total : 4,21,53 ..............
3.2. The ayacut under the Aliyar feeder canal and the Sethumadai canal lies in widely separated areas on the two flanks of the Vagariar stream. In view of this, the ayacutdars under these two canals have requested for treating these two canals as two independent units and to divide the ayacut under each of these two canals into two zones 'A' and 'B' and group them in such a manner that the criterion of alternate sluice irrigation is met in each canal and irrigation has to be effected for one zone in a year, viz., either 'A' or 'B' for one spell of 4½ months.'
7.Per contra, respondents submit that if this report were to be implemented as suggested by the committee, there would be no equitable distribution of water insofar as the present lands lie towards the end of the canals and will not receive any water at all. This is since the supply of water is only in alternate years and for a period of 4½ months per year, that too, on alternate days.
8. Respondents circulat a graphic representation of the area to illustrate that the distribution of water is, in fact, in the best interest of the farmers. The route taken for the fourth distributory of the Vettaikaranpudur canal would illustrate that the lands lying along the routes are supplied water in shifts, each shift comprising seven days.
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9. If this were not to be so, it would be to the detriment to the farmers seeing as those agriculturists situated closure to the canal opening would divert more of the water into their lands, thus leading to a position where the farmers at the tail end might not even receive the water that they are receiving now.
10. I am of the considered view that the appreciation and adjudication of the difficulties of the petitioner fall within the realm of fact-finding and it is best left to the concerned authority to take a view in the matter and decide if their grievances are found feasible of redressal.
11.That apart, there is a move to change the entire methodology of water supply to various places in question and by G.O.(4D) No.50, dated 26.02.2021, a Technical Expert Committee has been constituted for modernisation of the PAP System with the following members:-
1 The Engineer-in-Chief Water Resources - Chairman Department and Chief Engineer (General), Public Works Department, Chennai 2 Er. E.Thamilarasan, former Chief Engineer, Public - Member Works Department / Water Resources Department. 3 Dr.R.Ilangovan, Vice Chairman, TNWRD CELL, - Member Chennai.
4 The Chief Engineer, Public Works Department / - Member Water Resources Department, Coimbatore Region, Coimbatore.
5 The Director, Water Technology Center, Tamil - Member Nadu Agricultural University.
6 Er.S.Sivalingam, Superintending Engineer, Public - Member 6/10 https://www.mhc.tn.gov.in/judis W.P.No.35761 of 2019 Works Department / Water Resources Department, Athikadavu-Avinashi Project, Coimbatore. 7 The Joint Director of Agriculture, Tiruppur. - Member 8 The Superintending Engineer, Agricultural - Member Engineering Department, Coimbatore Region, Coimbatore.
9 The Superintending Engineer, Public Works - Member Department / Water Resources Department, Ground Water Circle, Thanjavur.
10 The Superintending Engineer, Public Works - Member Secretary Department / Water Resources Department, Parambikulam Aliyar Project, Pollachi.
12.The terms of Reference (TOR) for the Technical Expert Committee are as follows:
'a. Review of Irrigation Development in PAP: present issues and challenges. b. Review of Agricultural development in PAP: present issues and challenges.
c. Participatory Irrigation Management in PAP: Meta-analysis of the present status.
...........'
13. Seeing as this is a work in progress, which is going to take several years to fructify, it would be appropriate that the petitioner be permitted to make his grievances before the authorities, such that, the same may be redressed, if feasible, pending proceedings before the committee. 7/10 https://www.mhc.tn.gov.in/judis W.P.No.35761 of 2019
14. Mr.Silambannan would submit that the proper authority to consider the grievance of the petitioner would be the Superintending Engineer, W.R.O. arrayed as R2, who would forward the representation, if any, for the attention of the Principal Secretary, Water Resources Department.
15. Granting this liberty to the petiitoner, this writ petition is closed. No costs.
17.03.2022 vs Index : Yes Speaking Order To
1.The Coimbatore District Collector, State Bank Road, Beside Police Office, Gopalapuram, Coimbatore-641 018.
2.Superintending Engineer, W.R.O., Public Works Department, Parambikulam Aliyar Basin Circle, PAP Campus, Makkinakkenpati Post, Pollachi – 642 003.
3.Executive Engineer, W.R.O. Public Works Department, 8/10 https://www.mhc.tn.gov.in/judis W.P.No.35761 of 2019 Parambikulam Division, Parambikulam.
4.The Principal Secretary, Public Works Department, Secretariat, Chennai-600 009.
5.The Chief of Engineer, W.R.O. Public Works Department, Pollachi Region, Town Hall, Coimbatore – 641 001.
6.The Joint Chief Engineer (IRRIGATION), Engineer in Chief, W.R.O. P.W.D., Chepauk, Chennai-600 005.
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