Madras High Court
A.Prakash vs The District Collector on 20 November, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.33076 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.11.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.33076 of 2025
and
W.M.P.(MD)Nos.26080, 26082 and 26083 of 2025
A.Prakash ... Petitioner
Vs.
1.The District Collector,
O/o.The District Collector,
Sivagangai District.
2.The Tahsildar,
Thiruppuvanam Taluk Office,
Sivagangai District.
3.The Assistant Executive Engineer,
Public Works Department and
Water Resources Department,
Saruganiyaru Basin Division,
Manamadurai, Sivagangai District.
4.The Assistant Engineer,
Public Works Department and
Water Resources Department,
Viraganoor Madhaganai Division,
Viraganoor, Sivagangai District.
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W.P(MD)No.33076 of 2025
5.The Village Administrative Officer,
Village Administrative Office,
T.Athikarai, Thiruppuvanam Taluk,
Sivagangai District - 625 020. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records pertaining to the impugned Pamphlet notification
dated 10.11.2025 issued by 1st respondent and to quash the same and
consequently direct the 1st respondent to include the name of the
Petitioner and the eligible members in the voters list for the election of
the Athikarai Chinna Matrum Periya Kanmaigalin Neerinai
Payanpaduthuvor Sangam.
For Petitioner : Mr.K.Navaneetharaja
For Respondents : Mr.M.Lingadurai,
Special Government Pleader
For Intervenors : Mr.M.Rajarajan
Mr.V.Malaiyendiran
ORDER
Heard the learned counsel for the writ petitioner, the learned Special Government Pleader for the respondents and the learned counsels for the intervenors.
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2.The case on hand pertains to holding election for a Water Users Association ie., Athikarai Chinna Matrum Periya Kanmaigalin Neeriniai Payanpaduthuvor Sangam, Thiruppuvanam Taluk. Election is to be held on 23.11.2025. The voters list was finalized on 08.09.2025.
3.The writ petitioner's father / Arjunan was a registered member of the said association. He passed away on 21.07.2025. Arjunan was blessed with four children including the writ petitioner. The other legal heirs have given their consent for recording the petitioner as member of the association in the place of their father. The grievance of the writ petitioner is that after deleting his father's name, the authorities failed to include his name. Since the voters' list does not reflect his name, the petitioner can neither vote nor contest in the impending election. Hence, this writ petition has been filed.
4.The learned Special Government Pleader questioned the very maintainability of the writ petition. His foremost contention is that when once the election process has commenced, the Writ Court should be loathe to interfere. He would also add that the voters' list was published 3/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 09:08:46 pm ) W.P(MD)No.33076 of 2025 in the notice-board of the Village Administrative Officer's office and also displayed in other public places on 08.09.2025. If the petitioner was really aggrieved, he would have lodged his objection in Forms 6 and 7. He had not done so. The respondents called upon this Court to dismiss the writ petition.
5.The grievance of the intervenors is also on the same lines as that of the writ petitioner.
6.I carefully considered the rival contentions and went through the materials on record. It is true that the election process has already commenced in this case. In normal circumstances, I would have declined to intervene. But the facts on hand are too glaring. Dismissing the writ petition will only defer the doomsday. Dismissal on the ground projected by the respondents will only yield them ephemeral respite. This is because when the writ petitioner challenges the results of the election after they are declared, I will then be left with no option but to set aside the election results for the reasons now urged before me. I would rather seek to resolve the issues to the satisfaction of both the sides right now. 4/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 09:08:46 pm ) W.P(MD)No.33076 of 2025
7.The apprehension of the respondents is that as a result of judicial intervention, the election may not be held as per schedule. This stands addressed by the submission made by the counsel for the writ petitioner as well as the intervenors that they do not seek postponement of the election.
8.I had occasion to deal with the case of omission of pattadhars in the voters' list of the water users association in the decision reported in (2023) 5 CTC 261 (M.Balasubramanian v. The District Collector, Madurai). Paragraphs 6 and 7 of the said decision read as under :
“6.The importance of the farmers organization as statutorily constituted under the Tamil Nadu Act 7 of 2001 has been highlighted in the order dated 02.09.2020 made in WP(MD)Nos.6755 of 2020 etc., (M.Bose v. the District Collector and ors). They discharge important functions in public interest. They are body corporates having perpetual succession. Duty is cast on the District Collectors to constitute Water Users Association by including all the Water Users who shall constitute General Body. In other words, it is not a case of applying and getting admitted to the membership of the organization. The individual water user in most cases is likely to be a lay and rustic villager. He need not knock the doors of the authority for enrolling as a member. Instead, the statute casts the onus and 5/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 09:08:46 pm ) W.P(MD)No.33076 of 2025 responsibility on the officials to enrol every water user in the voters' list. Only a water user who is not a recorded land holder may have to apply for membership and he shall not be refused membership for the reason that he is not a recorded land holder. It is for the officials to certify that the voters' list finalized by them includes the names of all the recorded land holders. Thereafter, they have to invite objections for deletions and inclusions. Dead persons will have to be deleted and if by oversight, some eligible persons, as contemplated by proviso to Section 4(2) of the Act, have been omitted, they can be included after enquiry. In the cases on hand, this statutory mandate has not been fulfilled...
7.The District Collectors are duty bound to constitute the Water Users Association as contemplated by law. It is their responsibility to ensure that all the eligible members are included in the voters' list. It is this that distinguishes farmers associations as statutorily constituted under the Tamil Nadu Act 7 of 2001 from other organizations where eligible members have to seek membership. Here, by virtue of one being a recorded land holder, one is entitled to become a member. English jurist Henry Maine wrote “the movement of the progressive societies has hitherto been a movement from Status to Contract.” While the relationship of the members of other societies and associations is governed by contract, membership in the farmers organizations constituted under the Act 7 of 2001 is status-based. Of course, I would add that this does not make the legislation any less progressive.” 6/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 09:08:46 pm ) W.P(MD)No.33076 of 2025 The case on hand presents a different situation. The writ petitioner's father was a pattadhar. But he is no more. Admittedly, the writ petitioner does not appear to have filed an application for including him as a member in the place of his father. Such an application should of course be accompanied by NOCs from the other legal heirs. The question is whether the writ petitioner can be non-suited on the ground that he had not applied for membership. The answer has to be in the negative.
9.I had already held that it is the duty of the authorities to ensure that the names of all the water users are included in the voters' list. Section 4(2) of the Tamil Nadu Farmers' Management of Irrigation System Act, 2000 stipulates that every Water Users Association shall consist of all the water users in such Water Users Association area. Sub- section 3 reads that the members specified in sub-section (2) shall constitute the general body for the respective Water Users Association and such members alone shall have the right to vote. Section 2(y) of the Act defines “water user” as meaning any farmer holding any land either as the owner or as the tenant recorded as such in the revenue records of rights in respect of such land and includes any other individual or body 7/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 09:08:46 pm ) W.P(MD)No.33076 of 2025 or a society using water for agriculture, from a Government source. A careful reading of the definitional clause 2(y) would lead one to the conclusion that three categories of persons would fall within the term. They are (a) land owner and (b) tenant whose name has been recorded in the revenue record of rights and (c) any other individual or body or a society using water for agriculture from a government source. Such a conclusion is arrived at because there is no comma following the word “tenant” in the definitional clause. Therefore, the words “whose name has been recorded in the revenue record of rights” would apply only to tenants and these words cannot be suffixed to the term “owner”. This is known as doctrine of last antecedent.
10.The petitioner's father was a pattadhar. He is no more. But the names of the legal heirs are yet to entered in the revenue record. But that cannot be put against the petitioner. A holistic reading of Tamil Nadu Act 7 of 2001 makes me to conclude that every owner of an agricultural land under any registered ayacut of any irrigation system has to be included as a member. Consequently, his name has to find in the voters' list. When a pattadhar dies, all his legal heirs become owners and they have to be 8/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 09:08:46 pm ) W.P(MD)No.33076 of 2025 included as members. But that would be the position only in cases of intestacy. For instance, in the case on hand, the petitioner claims that his father had executed a registered Will bequeathing his land in favour of the writ petitioner. Hence, a via media solution has to be found. Once a registered member dies and his name is deleted from the members list, through the jurisdictional VAO, notices have to be served on all the legal heirs. Till mutation is effected, only one of the legal heirs can be substituted in the place of the deceased member. He has to obtain NOC from the other legal heirs. But once mutation is made in the patta, all the pattadhars shall be included in the members list. I hold that enlargement in the number of members of the general body is inevitable because the statute does not restrict the voting right to any proportionate land holding.
11.The intervenors (Nallamani S/o.Gurunathan and Servaran S/o.Chellaiya) through their respective counsels inform the Court that if they are included in the voters' list and allowed to vote in the election to be held on 23.11.2025, they would not ask for postponement of the election. This submission of the parties is placed on record. 9/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 09:08:46 pm ) W.P(MD)No.33076 of 2025
12.My attention is drawn to the order dated 04.07.2025 made in W.P.(MD)No.18292 of 2025 (A.Navaneethakannan Vs. The District Collector, Sivagangai District and Others). The said writ petition pertained to the petition mentioned association. The learned Judge disposed of the writ petition on 04.07.2025 in the following terms:-
“4.This Court is of the considered opinion that unless the dead persons names are removed, there cannot be a fair election. Therefore, the petitioner as well as the intervener shall appear before the second respondent/Tahsildar and produce the voters- list list. Thereafter, the first respondent is directed to verify the voters- list and take appropriate steps to add the eligible persons and remove the names of the dead persons. After finalizing the voters' list, the second respondent is directed to conduct election within a period of two months thereafter.” The writ petitioner herein had stated that he approached the Tahsildar, Thirupuvanam but there was no proper response.
13.The Hon'ble Mrs.Justice S.Srimathy specifically had directed that the authority must verify the voters list and take appropriate steps to add eligible persons. This direction set out in W.P.(MD)No.18292 of 2025 has not been complied with. The jurisdictional VAO could have 10/13 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 09:08:46 pm ) W.P(MD)No.33076 of 2025 very easily ascertained the ownership details. He did not notify the legal heirs of the deceased member whose name stood deleted. On this ground, I am constrained to interfere. For sheer paucity of time, I direct the writ petitioner and the intervenors to duly intimate the legal heirs of the other deceased pattadors. They may assemble in the office of the second respondent on 21.11.2025 at 10.00 a.m. A revised voters' list by including the names of 15 members, if available, in the place of the deleted members, shall be prepared. The writ petitioner's name shall be included as a member. The writ petitioner is permitted to file his nomination and his nomination shall also be accepted, if the papers are in order. Election will be held on 23.11.2025 for the post of President and the writ petitioner/ Prakash can be one of the contestants.
14.This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petitions are closed.
20.11.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
SKM
Issue order copy on 21.11.2025.
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W.P(MD)No.33076 of 2025
To:
1.The District Collector,
O/o.The District Collector,
Sivagangai District.
2.The Tahsildar,
Thirupuvanam Taluk Office,
Sivagangai District.
3.The Assistant Executive Engineer,
Public Works Department and
Water Resources Department,
Saruganiyaru Basin Division,
Manamadurai, Sivagangai District.
4.The Assistant Engineer,
Public Works Department and
Water Resources Department,
Viraganoor Madhaganai Division,
Viraganoor, Sivagangai District.
5.The Village Administrative Officer,
Village Administrative Office,
T.Athikarai, Thiruppuvanam Taluk,
Sivagangai District - 625 020.
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W.P(MD)No.33076 of 2025
G.R.SWAMINATHAN, J.
SKM
W.P(MD)No.33076 of 2025
20.11.2025
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