Madras High Court
W.P.No.43793/2016 vs The Additional Chief Secretary And
Author: R.Subramanian
Bench: R.Subramanian
W.P.Nos.43793 and 24081 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on Delivered on
21.07.2022 27.07.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.Nos.43793 and 24081 of 2016
and
W.M.P.Nos.20608, 20609 & 37604 to 37606 of 2016
W.P.No.43793/2016:
N.G.Palanisamy .. Petitioner in W.P.No.43793/2016
Vs.
1.The Additional Chief Secretary and
Commissioner of Land Administration,
Chepauk, Chennai – 600 005.
2.The District Collector,
Erode District, Erode – 11.
3.The Sub-Collector,
Gobichettipalayam,
Erode District.
4.The Tahsildar,
Bhavani Taluk,
Erode District.
5.P.A.Sahabudeen ..Respondents in
W.P.No.43793/2016
1/27
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W.P.Nos.43793 and 24081 of 2016
Prayer in W.P.No.43793/2016: Writ Petition filed under Article 226 of the
Constitution of India seeking issuance of Writ of Certiorarified Mandamus,
calling for the records relating to the impugned order in
RC.No.E2/26149/2015 dated 01.12.2016 passed by the 1st respondent
confirming the order in Na.Ka.No.17937/2015/A1 dated 12.10.2015 passed
by the 2nd respondent, quash the same and consequently restore the track
permit granted in Ni.Mu.No.14986/2013/A1 dated 24.11.2014 issued by the
4th respondent, confirmed in Na.Ka.No.519/2015/A1 dated 19.05.2015
passed by the 3rd respondent.
W.P.No.24081/2016:
N.G.Palanisamy .. Petitioner in W.P.No.24081/2016
Vs.
1.The Chairman,
Tamil Nadu Electricity Board,
800, Anna Salai,
Chennai – 600 003.
2.The Executive Engineer,
Operation and Management/ Urban,
Erode Electricity Distribution Circle,
Tamil Nadu Generation and Distribution Corporation Ltd.,
Erode – 638 009.
3.The Assistant Executive Engineer,
Operation and Maintenance
Tamil Nadu Generation and Distribution Corporation Ltd.,
2/27
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W.P.Nos.43793 and 24081 of 2016
Erode Electricity Distribution Circle,
Kavindapadi – 638 455.,
Erode District.
4.The Assistant Engineer,
Opeartion and Maintenance/East,
Tamil Nadu Generation and Distribution Corporation Ltd.,
Erode Electrictiy Distribution Circle,
Perunthalaiyur – 638 315,
Erode District.
5.The Assistant Divisional Engineer,
Highways Department,
Construction and Maintenance,
Gobichettipalayam East,
Erode District.
6.The Assistant Executive Engineer,
Public Works Department,
Irrigation Division,
Water Resources Organization,
Gobichettipalayam,
Erode District.
7.P.A.Sahabudeen
[7th respondent impleaded as per order
dated 21.07.2022 made in W.M.P.No.7332 of 2017]
..Respondents in W.P.No.24081/2016
Prayer in W.P.No.24081/2016: Writ Petition filed under Article 226 of the
Constitution of India seeking issuance of Writ of Certiorarified Mandamus,
calling for the records pertaining to the impugned orders made in :
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W.P.Nos.43793 and 24081 of 2016
i) Lr.AEE/O&M/KVP/C1/F.Doc/D.No.016/2016-17 dated
20.06.2016,
ii) Lr.AEE/O&M/KVP/Va.a/ Foile. Compl/No.329/2016-17 dated
29.06.2016 passed by the 3rd respondent,
iii) Lr.No.AEE/O&M/Peruth/Va.2/file-misuse/No.360/16-17 dated
01.07.2016 passed by the 4th respondent,
quash the same and consequently forbearing the respondents from
interfering with the petitioner's right to irrigate water from his bore well sunk
in R.S.No.359/19 to his adjoining lands comprised in R.S.No.359/6,7, 9 to
12, Perunthalaiyur Vilage, Bhavani Taluk, Erode District with the help of
agricultural E.B. service connection No.019-005-541 under guise of insisting
to get No Objection Certificate from the 6th respondent by considering his
representation dated 01.07.2016.
For Petitioner : Mr.N.Manokaran in both W.Ps
For Respondents : Mr.M.Abul Kalam, Standing Counsel
for R1 to R4 in W.P.No.34081/2016
Mrs.V.Yamunadevi, Special Govt. Pleader
for R5 and R6 in W.P.No.24081/2016
for R1 to R4 in W.P.No.43793/2016
Mr.R.Marudhachalamoorthy
for R7 in W.P.No.24081/2016
4/27
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W.P.Nos.43793 and 24081 of 2016
for R5 in W.P.No.43793/2016
COMMON ORDER
Aggrieved by the revocation of the permission granted to him to lay pipeline across the road to take water to irrigate his land in S.No.359/6 of Perunthalaiyur Village of Gobichettipalayam Taluk from the bore well situate in the land in S.No.359/18 owned by him, the petitioner has come up with the above writ petition in W.P.No.43793 of 2016.
2. The petitioner owns about 4 acre 60 cents of land in S.Nos.359/6, 7, 11, 18 and 19 of Perunthalaiyur Village. These lands come within the ayacut of Thadapalli canal. The petitioner has been given electricity service connection for the said bore well. Though these lands were situate as one block, because of the laying of road to provide access to M/s.Sakthi Sugars, the land got split into two blocks and S.No.359/6 was separated by the road from the other lands. With a view to irrigate his land in S.No.359/6, the petitioner had sought for and obtained permission to lay pipeline across the road. The proposal for laying pipeline across the road was 5/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 approved by the Panchayat of Perunthalaiyur Village on 26th July 2013.
3. It appears that a notice was issued to the petitioner on 08.11.2013 claiming that there has been encroachment by the petitioner in laying the pipeline across the road and requiring him to remove the same. It is also seen that one Sahabudeen claiming himself to be President of Sunnath Jama-Uth Jamiya Pallivasal had made an application to the District Revenue Officer, Erode claiming that the said Pallivasal is the owner of the land over which the road has been laid. The said claim was rejected by the District Revenue Officer as early as on 10.11.2014 and as per the revenue records these lands stand classified as Government Poramboke.
4. In the interregnum, the petitioner had applied for permission to lay pipelines across the road and take water through the pipeline to irrigate his land in S.No.359/6. The Tahsildar, Bhavani by his proceedings dated 24.11.2014, based on the recommendation of the Revenue Inspector, Kavundapadi permitted the petitioner to lay such pipeline subject to various conditions. The Highways Department demanded a sum of Rs.11,000/- for 6/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 the expenses incurred in laying the pipeline and it is not in dispute that the said sum was paid by the petitioner.
5. While so, it appears that the said Sahabudeen had given a petition to the District Collector on 18.12.2014 complaining that the permission granted to the petitioner to lay pipeline through the Government land is illegal and the same has been granted in respect of the lands that belonged to the Dharga. The said petition was referred to the sub-Collector, Gobichettipalayam and by order dated 19.05.2015, the sub-Collector rejected the claim of Sahabudeen and concluded that the land belonged to the Government and therefore the permission granted was in order.
6. Thereafter, the petitioner approached the Highways Department and the Divisional Engineer, Highways, Gobichettipalayam granted permission to the petitioner relying upon the proceedings of the Revenue Authorities referred to supra. However, the Assistant Engineer, PWD - Irrigation, Gobichettipalayam on 01.09.2015 sent a letter to the Assistant Engineer, PWD Gobichettipalayam stating that the permission granted to the petitioner to take water from one survey number to other in the same ayacut is 7/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 not permissible as per G.O.Ms.No.558 dated 11.06.1997. A reference is also made to G.O.Ms.No.838 dated 15.03.1963 which prohibits energizing of deep bore wells situate within 200 meters from the river bed.
7. It appears that this recommendation has emanated on the basis of the petition submitted by the said Sahabudeen, whose objections were earlier rejected by the Sub-Collector. Again the said Sahabudeen approached the District Collector, Erode seeking removal of the pipeline. The District Collector, Erode by his proceedings dated 12.10.2015 observed that the title claimed by the said Sahabudeen is not justified and the land belongs to the Government. However, the District Collector, based on the opinion of the Assistant Engineer of the Irrigation Department dated 01.09.2015 found that the permission granted is in violation of the conditions prescribed in G.O.Ms.No.838 dated 15.03.1963 and G.O.Ms.No.558 dated 11.06.1997. In the light of the said conclusion, the District Collector directed revocation of the permission granted to the petitioner.
8. Aggrieved, the petitioner preferred an appeal to the Additional Chief Secretary and Commissioner of Land Administration. The order of the 8/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 District Collector was confirmed by the Commissioner Land Administration on 01.12.2016. Hence, the petitioner has come up with this writ petition challenging the order of the Commissioner Land Administration dated 01.12.2016, confirming that of the District Collector, Erode dated 12.10.2015. Before going into the merits of the claim, the relevant Government Orders which govern the issue need to be looked into.
9. The earliest of the Government Orders is G.O.Ms.No.838 dated 15.03.1963 and it reads as follows:-
The Government direct that the following General conditions be adopted in regard to supply of power for pumpset for lift Irrigation from wells in the areas surrounding Irrigation Project ayacuts.
1) No well situated within 2 furlongs of any Irrigation Canal or one furlong of any Distributory shall be given elected supply for pumping.
2) No, well shall be allowed to have pumps of more than 5 H.P. capacity.
Note:- Conditions (1) and (2) shall also apply to wells in areas outside the Project ayacut, but within two furlongs of the periphery of the ayacut.
9/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016
3) Pumps situated within the ayacut area and given elected supply will be allowed to pump supply only to areas within the ayacut and not outside such ayacut.
4) The nature of crops raised shall be the same as those permitted for the Project ayacut.
5) Conversion of oil engine pumps into electric driven pumps shall also be governed by the above conditions.
2. The Madras State Electricity Board may impose subsidiary conditions which might become necessary in consideration of varying local conditions in each Projct and they shall be laid down when taking up the question of extending supply of electric power to particular projects.
3. No reference to the P.W.D. need be made by the Madras State Electricity Board when installing electric pumpsets not coming within the purview of the condition imposed above except in cases where restrictions are considered necessary in particular basins like Palar basin, and in cases where the pumpsets installed are for pumping water direct from the river or Channel in the Project area the grant of permits for which are governed by G.O.(Ms.)No.3365, PW Dt.16.10.1967.
10. This is followed by G.O.Ms.No.2259 dated 03.11.1967 and it 10/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 reads as follows:-
The Government have ordered in G.O.(Ms) No. 838, P.W. Dated 15.3.63, that no well situated within two furlongs from any irrigation canal or one furlong from the distributary should be given electricity supply for pumping. In G.O.Ms.No.2522, P.W. dt.4.8.1965, the above condition was released in the case of existing wells in respect of the ayacuts of all projects, except the Lower Bhavani Project.
2. The question of removing the ban of on the supply of electricity to the existing wells in and around the Lower Bhavani Project has been examined by the Chief Engineer (Irrigation) and the Board of Revenue. In view of the persistent demands from the ryots and in view of the relaxation already made in the case of other projects. The Chief Engineer (Irrigation) has recommend that pumping from the existing wells within the prohibited distance might be permitted in the case of Lower Bhavani Project also during the off season i.e., from 15th March to -5th August, subject to the general conditions prescribed in G.O.Ms.No.2522, P.W.D. dt. 4.9.1965. The Board of Revenue (Land Revenue) has endorsed the recommendations of the Chief Engineer (I) in modification of the general order issued in C.C.Ms.No.838, P.W.D dt. 15.3.1963 and the special orders in G.O.Ms.No.1030 P.W. dt.7.7.1959, G.O.Ms.No.2413, P.W.dt.6.9.62 and G.O.Ms.No.1492, P.W. dt.23.5.1963. The Government have examined the 11/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 recommendations in consultation with the Commissioner of Land Revenue and Food Production and direct that that pumping be permitted from existing wells in the case of the Lower Bhavani Project also subject to the following condition viz.,
(i) Pumping should be done from the wells only to the lands irrigated by each of them. (Note: This condition shall be enforced by the Revenue and Irrigation Departments).
(ii) Pumping will be permitted during the off season only. Pumping in the existing wells by electricity or by oil engine pump sets during the irrigation season i.e., from 15 August to 15th March or as may or as may be notified from time to time will be heavily penalised. During the off season any crop can be raised by the ryot with the well water.
1-3 amended in Govt. Memo No.115657/N2/67-2, P.W. Lt.12.01.1968.
(iv) No wells shall be allowed to have pumps of more than five H.P. capacity.
(v) Pumps situated within the ayacut area in and given electric supply only to area as within the ayacut and not to lands outside such ayacut.
(vi) The nature of crops raised shall be the same as those permitted for the project ayacut.
(vii) The Madras State Electricity Board need obtain 12/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 clearance from the P.W.D. for extension of power supply to the pump sets in the projects area, only in cases of doubt.
(viii) Conversion of oil engine pumps into electric driven pumps shall also be governed by the above conditions.
2. The Government also direct that the above relaxation shall be applicable to all existing wells and filter point tube wells close to all other irrigation sources.
3. The Madras State Electricity Board may issue suitable instructions to the Superintending Engineers of Systems to furnish to the local P.W.D. Officials every year, a list of connections given to the wells in the prohibited area in the form below:-
(1) (2) (3) (4) (5)
Name of District Taluk Village Survey No. Name of
which it is Pattadars
situated.
(6) (7) (8)
H.P.of engine when connection If the pattadars consent to cut
established. Off power connection during
the irrigation season obtained.
4. These orders will not however, apply to the following Project in respect of which special orders have been 13/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 issued already as noted against each items:-
1) Parambikulam Aliyar Project G.O.(Ms).No. 1246, PWD, dated 29.4.65.
2) Thanjavur District in regard G.O.Ms.No.1941, to Filter Point tube wells to PWD. dt.7.7.65.
be put under “Crash Programme” and new wells to be sunk under the ‘New Wells Subsidy Scheme.”
3) Mettur Canals Scheme G.O.Ms.No.1205, P.W.dt.12.5.64 and Govt.Memo No.62227 S3/64-12, P.W. dt.28.6.65.
5. In regard to the Amaravathi Reservoir Project pumping from existing wells in the ayacut localized for sugarcane cultivation has been permitted in the off-season subject to certain conditions in G.O.(Ms) No. 2407, P.W, dated 8.9.1964. The orders now issued will not, therefore, apply to the ayacut of the Amaravathi Reservoir Project localized for sugarcane cultivations.
11. While the above two Government Orders deal with energization of pump sets situate in ayacut areas G.O.Ms.No.558 dated 11.06.1997 deals with cases in which permission can be granted to a ryot to lay pipelines across the government lands and the same reads as follows:- 14/27
https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 muRg; g[wk;nghf;F epyj;jpy; FHha; gjpj;J jz;zPh; vLj;Jr;bry;tjw;F jw;nghJ khtl;l tUtha; mYtyuhy; mDkjp tH';fg;gLfpwJ/ ,t;thW g[wk;nghf;F epy';fspy; jz;zPh; vLj;Jr;bry;tjw;fhf FHha; gjpg;gjw;F mDkjp bgWttjpy; jhkjk; Vw;gLtjhy; tptrhapfs; mtjpa[Wtjhf muR mwpe;jJ/ vdnt. ,t;thwhf g[wk;nghf;F epy';fspy; FHha; gjpg;gjw;fhd mDkjp tH';Fk; mjpfhuj;ij gutyhf;fyhk; vdf; fUjg;gl;lJ/ 2/ g[wk;nghf;F epyj;jpy; FHha; gjpg;gjw;fhf mDkjp tH';Fk; mjpfhuj;ij rpy epge;jidfSf;Fl;gl;L tl;lhl;rpah;fSf;F tH';fyhk; vd rpwg;g[ Mizah; kw;Wk; epy eph;thf Mizah; ghpe;Jiu bra;Js;shh;/
3. rpwg;g[ Mizah; kw;Wk; epy eph;thf Mizahpd;
ghpe;Jiuapid muR Ma;t[ bra;jJ/ mjid Vw;W g[wk;nghf;F epyj;jpy; FHha; gjpj;J jz;zPh; bfhz;L brd;W tptrhak;
bra;tjw;F njitahd mDkjpia fPHf;fz;Ls;s epge;jidfSf;Fl;gl;L. ,dp tl;lhl;rpah;fs; tH';fyhk; vd muR MizapLfpwJ?
1) Kiwaw;w ghrdkhf ,Uf;Fk; neh;t[fspy; ,e;j mDkjp tH';fg;glf; TlhJ.
2) tha;f;fhy; K:yk; ghrdk; bgWk; epy';fSf;F neuoahf Mw;wpypUe;njh my;yJ Mw;wpypUe;J ePiug; bgWk; gl;lh epyj;jpYs;s fpzw;wpypUe;njh ePiuf; bfhz;L bry;tjw;fhf FHha; gjpg;gjw;F mDkjp tH';ff;TlhJ.
15/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016
3) FHha; gjpg;gjw;fhd mDkjp kw;Wk; ghijthp tpjpg;gJ bjhlh;ghd neh;t[fs; Fwpj;J gjpntLfs; tl;lhl;rpauhy; guhkhpf;fg;gl ntz;Lk;/ ,g;gjpntL nfhl;lhl;rpauhy; MW khj';fSf;bfhUKiw jzpf;if bra;ag;glntz;Lk;/
12. As we had already adverted to the claim of the 5th respondent has been rejected by the Authorities and revocation has been ordered only on the basis that the permission granted is in violation of the relevant Government Orders. The relevant Government Orders have been extracted above. The condition that “No well situate within the 2 furlong of the irrigation canal or 1 furlong of Distributory shall be given electricity supply for pumping” found in G.O.Ms.No.838 dated 15.03.1963 was relaxed in G.O.Ms.No.2259 dated 03.11.1967.
13. G.O.Ms.No.2259 dated 03.11.1967 refers to another G.O.Ms.No.2522 dated 04.09.1965, where these conditions were relaxed in respect of lands which are not covered by the lower Bhavani Project. In G.O.Ms.No.2259 dated 03.11.1967, the conditions were relaxed and the electricity board/ Department was permitted to energize wells situate within the prohibited distance subject to certain conditions. Two of the said 16/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 conditions which would be relevant in the case on hand are
(i) Pumping should be done from the wells only to the lands irrigated by each of them. (Note: This condition shall be enforced by the Revenue and Irrigation Departments).
(v) Pumps situated within the ayacut area in and given electric supply only to area as within the ayacut and not to lands outside such ayacut.
14. It is these two conditions which are now sought to be relied upon to revoke the permission granted to the petitioner. The foundation of the cause for revocation is the letter of the Assistant Engineer, Irrigation Division, Water Resources Department, Gobichettipalayam addressed to the Assistant Engineer, Irrigation Sub-Division, Water Resources Department, Gobichettipalayam dated 01.09.2015. In and by the said letter, the Assistant Engineer opines that the permission granted to the petitioner to lay water pipeline across the Government land to irrigate his land in S.No.359/6 would be irregular on two grounds viz.,
1.The well is situate within the prohibited distance of 200 m from the Bhavani river as per G.O.Ms.No.838 dated 15.03.1963. 17/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016
2.The permission cannot be granted for taking water from the land situate within the ayacut to the land situate within the same ayacut.
3.The permission can be granted to take water from the land situate in one ayacut to land situate in another ayacut.
15. These conclusions of the Assistant Engineer, Irrigation Division have weighed with both the District Collector and the Commissioner Land Administration. The above conclusions of the Assistant Engineer, Irrigation Division are evidently against the spirit of the Government Orders.
16. No doubt, G.O.Ms.No.838 dated 15.03.1963 bans energization of wells situate within 2 furlongs from any irrigation canal or 1 furlong to any distributory, the said Government Order also states that Pumps situate within ayacut area and given electricity supply will be allowed to pump supply only to areas within the ayacut and not outside the ayacut.
17. From the above, it is evident that prohibition is in respect of the distance and supply to land outside the ayacut. Irrigation of lands inside the 18/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 ayacut is expressly permitted. The distance norm was relaxed in G.O.Ms.No.2259 dated 03.11.1967. Here again it is made clear that pumping should be done from the wells only to the land irrigated by each one of them. This does not refer to either survey number or ayacut area. Clause v of the said government order which reads as follows:-
“(v) Pumps situated within the ayacut area in and given electric supply only to area as within the ayacut and not to lands outside such ayacut.” again makes it clear that only lands within ayacut can be irrigated and not lands outside the ayacut. The District Collector, Erode who revoked permission granted to the petitioner by his order dated 12.10.2015 has copied and pasted the conclusions of the Assistant Engineer in his letter dated 01.09.2015 and held that the permission granted is for irregular irrigation.
18. Unfortunately, the Commissioner Land Administration has also concluded that the action of the petitioner would amount to irregular irrigation, since the water is being taken to another survey number. There appears to have been a wrong understanding of the provisions of the relevant Government Orders both by the District Collector and the Commissioner of 19/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 Land Administration. The Commissioner of Land Administration has referred to the opinion of the Chief Engineer, Irrigation.
19. As already pointed out G.O.Ms.No.2259 does not prohibit irrigation of lands situate in other survey numbers from the well situate in one survey number. G.O.Ms.No.2259 dated 03.11.1967 does not deal with laying of pipelines. It only prescribes conditions for energization of bore wells. Admittedly, the land in S.No.359/6 belong to the petitioner and they were in one block prior to the laying of the road which cuts across S.No.359. It is seen that the road was laid by acquiring land by the Government by M/s.Sakthi Sugars to reach their sugar factory. It is therefore clear that the stipulations in G.O.Ms.No.2259 dated 03.11.1967 to the effect that pumping should be done from the wells only to the land irrigated by each one of them cannot be read to mean that the land to be irrigated by the well should be situated in the same survey number. Such interpretation will lead to disastrous consequences. If a ryot owns 10 cents of land in one survey field and 5or 6 acres of land in the adjoining survey field and the bore well in situate with in the 10 cents area he can irrigate only the 10 cents and not the 5 or 6 acres in 20/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 the adjoining survey field.
20. Further G.O.Ms.No.558 dated 11.06.1997 prohibits taking water through pipelines from the river directly or wells that receive water from the river directly. Even this prohibition has been ultimately misunderstood by the Authorities concerned, in construing it as prohibition against taking water from well situate in a field which has got ayacut irrigation. This wrong interpretation or wrong understanding of the conditions in the relevant Government Orders has eventually lead to a wrong order being passed by the Authorities.
21. While the District Collector, Erode has just copied and pasted the wrong opinion of the Assistant Engineer the Commissioner of Land Administration has chosen to rely upon the opinion of Engineer in Chief, Water Resources Department to conclude that the attempt by the petitioner to irrigate the land in S.No.359/6 from the well situate in S.No.359/19 is irregular irrigation, without adverting to the fact that these lands were in one block before being separated by the road and the relevant factor is not the 21/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 survey number but the land that could be irrigated by the well.
22. I am therefore of the opinion that the order passed by the District Collector as well as the land Commissioner suffer vice of wrong reasoning and therefore they need to be set aside and they are accordingly set aside and the order of the Sub-Collector, Erode will stand restored. The Writ Petition in W.P.No.43793 of 2016 will stand allowed. The order of the Land Commissioner dated 01.12.2016 and that of the District Collector, Erode dated 12.10.2015 will stand set aside and the order of the sub-Collector, Erode dated 19.05.2015 will stand restored. If the pipelines have been removed in the interregnum, the petitioner will be entitled to have them restored after paying necessary charges to the Highways Department.
23. The challenge in W.P.No.24081 of 2016 is to the action of the respondents 1 to 4 in treating the action of the petitioner irrigating his land in S.No.359/6 from the well in S.No.359/18 as irregular and because of the fact that the permission granted to the petitioner to take water by laying underground pipelines to the land in S.No.359/6 having been cancelled by the 22/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 Revenue Department.
24. The reasons assigned in the orders impugned in this writ petition by the respondents viz., the TANGEDCO are the same as found in the orders of the Revenue Authorities viz., District Collector and the Commissioner of Land Administration in W.P.No.43793 of 2016. Now that, I have concluded that the basis of those orders is erroneous, the orders passed by the TANGEDCO warning the petitioner of disconnection if he continues to irrigate his land in S.No.359/6 through the underground pipeline should also be set aside, since the reasons assigned are exactly the same.
25. The order dated 20.06.2016 which levies penalty of Rs.7,548/- on the petitioner for taking water to other survey numbers is clearly erroneous as there is no such prohibition in any of the government orders which are in force. In fact in the order dated 29.06.2016, the Assistant Executive Engineer has observed that permission was granted on his obtaining no objection certificate from the Revenue Department.
26. Therefore, in view of my finding in W.P.No.43793 of 2016, the 23/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 orders impugned in this writ petition in W.P.No.24081 of 2016 will also have to be set aside and they are accordingly set aside. The writ petition will stand allowed. The fine collected from the petitioner is directed to be refunded to him within a period of six (6) weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected writ miscellaneous petitions are closed.
27.07.2022 dsa Index:Yes Internet:Yes Speaking order 24/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 To:-
1.The Additional Chief Secretary and Commissioner of Land Administration, Chepauk, Chennai – 600 005.
2.The District Collector, Erode District, Erode – 11.
3.The Sub-Collector, Gobichettipalayam, Erode District.
4.The Tahsildar, Bhavani Taluk, Erode District.
5.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai – 600 003.
6.The Executive Engineer, Operation and Management/ Urban, Erode Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Erode – 638 009.
7.The Assistant Executive Engineer, Operation and Maintenance Tamil Nadu Generation and Distribution Corporation Ltd., Erode Electricity Distribution Circle, Kavindapadi – 638 455., Erode District.25/27
https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016
8.The Assistant Engineer, Opeartion and Maintenance/East, Tamil Nadu Generation and Distribution Corporation Ltd., Erode Electrictiy Distribution Circle, Perunthalaiyur – 638 315, Erode District.
9.The Assistant Divisional Engineer, Highways Department, Construction and Maintenance, Gobichettipalayam East, Erode District.
10.The Assistant Executive Engineer, Public Works Department, Irrigation Division, Water Resources Organization, Gobichettipalayam, Erode District.
26/27 https://www.mhc.tn.gov.in/judis W.P.Nos.43793 and 24081 of 2016 R.SUBRAMANIAN, J.
dsa PRE-DELIVERY COMMON ORDER IN W.P.Nos.43793 and 24081 of 2016 27.07.2022 27/27 https://www.mhc.tn.gov.in/judis