V.Banumathi ` vs The Principal Secretary on 10 February, 2020

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Madras High Court

V.Banumathi ` vs The Principal Secretary on 10 February, 2020

Bench: C.V.Karthikeyan

                                                                                     W.P.No.1589 of 2020

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED 10.02.2020

                                                            CORAM

                                    THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

                                                    W.P.No.1589 of 2020

                      V.Banumathi         `                                              .. Petitioner

                                                             ..Vs..

                      1. The Principal Secretary,
                         Government of India,
                         Public Works Department,
                         Secretariat,
                         Chennai – 600 009.

                      2. The Chief Engineer,
                         Water Resources Department,
                        Coimbatore Region,
                         Town Hall, Coimbatore – 641 001.

                      3. The Superintending Engineer,
                         Parambikulam Aliyar Project (PAP) Basin,
                         Makkinampatti, Pollachi – 642 003.

                      4. The District Collector,
                         Tirupur District,
                         Tirupur.                                                       ..Respondents


                      PRAYER : Writ Petition filed Under Article 226 of the Constitution of India
                      praying to issue a Writ of Mandamus, directing the 1st and the 4th respondents
                      herein to strictly follow the Parambikulam Aliyar Project (Regulation of Water-
                      Supply) Act, 1993 and its Rules for the release of water for irrigation to the I-


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                                                                                     W.P.No.1589 of 2020

                      zone from the Tirumurthi Reservoir upon issuing an announcement or
                      notification well in advance before the release of water, specifying the crops
                      to be raised, area, period of water supply, on considering the petitioner
                      representation dated 20.12.2019 and 27.11.2019 respectively.


                                   For Petitioner            : Mr.K.RAmesh Kumar

                                   For Respondents           : Mrs.P.Rajalakshmi
                                                               Additional Government Pleader


                                                         ORDER

The writ petitioner is residing at No.2/1195, Ganapathipalayam Post, Udumalpet Taluk, Tirupur District. They are doing cultivation in S.F.No.90/1, Poolankinaru Village, Udumalpet Taluk, Tirupur District. The said land is under the irrigation Zone I of Parambikulam Aliyar Project (PAP). The lands are Punja lands and mostly depending on canal irrigation from Thirumurthi Dam of PAP Project.

It is stated that water for irrigation under PAP is supplied from Thirumurthi and Aliyar Reservoirs. It is also stated that the irrigation projects covers 377.152 acres of land located in three Districts namely Coimbatore, Thiruppur and Erode. It is stated that the supply of water is governed by the Parambikulam Aliyar Project (Regulation of Water-Supply) Rules, 1994. The 2/6 http://www.judis.nic.in W.P.No.1589 of 2020 Public Works Department is responsible for maintenance for irrigation to the registered Ayacut from the above two Reservoirs.

It is stated that the petitioner had given representation on 27.11.2019 and another representation on 20.12.2019. In the representation, the petitioner seeks advice regarding the crops to be raised, the area to be irrigated and the period of water to be supplied in his land. Since, there is no response, the petitioner has come up with the present writ petition seeking a mandamus.

Mrs.P.Rajalakshmi, learned Additional Government Pleader who takes notice on behalf of the respondents had drawn attention of this Court to G.O.(thyhak;)No.28, Public Works Department, dated 24.01.2020, in which it had been stated that under the Parambikulam Aliyar Project (PAP), total quantity of 7600 cubic water has been directed to be opened from the Reservoirs.

It is stated by the learned counsel for the petitioner lands that the water will reach the petitioner on 17.02.2020.

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http://www.judis.nic.in W.P.No.1589 of 2020 Under these, circumstances, a Mandamus is issued to the 4th respondent namely the District Collector, Thirupur District to pass appropriate orders on the representation on or before 14.02.2020 by mentioning the name of the particular official who will give advice on the nature of the crops which could be cultivated in the lands of the petitioner. The petitioner may give fresh representation to the office of the District Collector, Thirupur District on or before 12.02.2020.

With the above observation, this writ petition is disposed of. No costs.

10.02.2020 Note:Issue order copy today(10.02.2020) vum Index : Yes / No Speaking order/Non speaking order 4/6 http://www.judis.nic.in W.P.No.1589 of 2020 To

1. The Principal Secretary, Government of India, Public Works Department, Secretariat, Chennai – 600 009.

2. The Chief Engineer, Water Resources Department, Coimbatore Region, Town Hall, Coimbatore – 641 001.

3. The Superintending Engineer, Parambikulam Aliyar Project (PAP) Basin, Makkinampatti, Pollachi – 642 003.

4. The District Collector, Tirupur District, Tirupur.

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