Madras High Court
Pootai Yeri Pasana Ayacut Vivasayigal vs State Of Tamil Nadu on 4 November, 2022
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.No.14376 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :04.11.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.14376 of 2017
and W.M.P.No.15588 of 2017
Pootai Yeri Pasana Ayacut Vivasayigal
Sangam, rep. by its President
G.Ibrahim Khan ... Petitioner
Vs.
1.State of Tamil Nadu
rep. by its Principal Secretary
PWD Department
Fort St. George
Chennai 600 009
2.Engineer in Chief
Water Resources Department and
Chief Engineer (General) Public
Works Department
P.W.D. Building
3.The District Collector
Villupuram District
Villupuram 605 602
4.Superintending Engineer (PWD) (WRO)
Cuddalore Circle
Cuddalore – 1
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W.P.No.14376 of 2017
5.Executive Engineer
Vellar Basin Division
Old Sub Jail Road
Virudhachalam Taluk and Post
Cuddalore
6.Asst. Executive Engineer (PWD) (WRO)
Vellar Basin Sub Division
Kallakurichi 606 202
Villupuram District
7.Asst. Engineer (PWD) (WRO)
Sankarapuram Irrigation Section
PWD Building
Kachirayapalayam Road
Kallakurichi 606 202
8.Pootai Eri Pasana Darargal Sangam
Rep. by its President
(R8 impleaded as per order dt.08.01.2020
made in WMP.33166/2019 in WP.14376/2017 by AQJ)
... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India
praying for issuance of Writ of Mandamus, directing the 5th respondent to
execute the agreement for execution of Kudimaramath work in Pootai
Lake, in Pootai Village, Sankarapuram Taluk, Villupuram District and
pay the cost of the entire Maramath Work in the Lake to the petitioner
Association.
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W.P.No.14376 of 2017
For Petitioner : Ms.S.Bhuvaneswari
For Respondents : Mrs.M.Jeyanthy, AGP for R1 to R7
Mr.T.Dilipchander for R8
ORDER
This Writ Petition is filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, directing the 5th respondent to execute the agreement for execution of Kudimaramath work in Pootai Lake, in Pootai Village, Sankarapuram Taluk, Villupuram District and pay the cost of the entire Maramath Work in the Lake to the petitioner Association.
2.It is the contention of the learned counsel for the petitioner that Pootai Lake is an ancient lake having 127 acres. The Government of Tamil Nadu passed G.O.Ms.No.12, Public Works (W1) Department dated 21.01.2017 for implementation of “Kudimaramath – Water” Bodies Restoration with Participatory Approach” on a Pilot Basis for the year 2016-17 at an estimated cost of Rs.100 Crores, in the State of Tamil Nadu. Pursuant to the above G.O. the 7th respondent also on 07.04.2017 Page No.3 of 14 https://www.mhc.tn.gov.in/judis W.P.No.14376 of 2017 held a meeting and requested the villagers to form an Association for carrying out Kudimaramath Work in the lake. Accordingly, the petitioner formed an Association on the same day itself and registered it on 17th April 2017 (S.No.31 of 2017) at the Office of District Registrar, Kallakurichi. The Association was initially formed with 34 members and now it has 61 members who are the Ayacutdars of Pootai Lake. In the General Body Meeting of the Association, it was resolved that the Kudimaramath works must be taken up by the President's Association and 10% of the cost must be met by them by contributing their manual labour. They have also sent a registered letter dated 22.04.2017 to the 5th, 6th and 7th respondents with a copy marked to the 3rd respondent requesting them to entrust the work to their Association as per clause 4(iv) of the G.O.Ms.No.12 dated 21.01.2017. The respondents have also asked the petitioner Association to commence the work. Accordingly, Boomi Pooja was performed on 24.04.2017 and started their work. The 6th and 7th respondents also inspected the work on 30.04.2017 and requested the petitioner to proceed further with the work. Therefore, the petitioner association continued the work and completed 60% of the Page No.4 of 14 https://www.mhc.tn.gov.in/judis W.P.No.14376 of 2017 work. The authorities have also inspected the work several times and the Association has spent substantial amounts for carrying out the Kudimaramath work at the Pootai Lake of their village, but the respondents 5, 6, and 7 are not coming forward to execute the agreement as stated by them and they have also not disbursed any payment for the work already completed by them. Therefore, the petitioner's Association is finding it difficult to complete the work within the stipulated period in the communication of the 7th respondent dated 30.06.2017 to the Tahsildar, Sankarapuram. Hence the petition.
3.Counter has been filed on behalf of the 5th respondent. In the counter it has been stated that Pootai tank is situated at the Pootai Village in Sankarapuram Taluk, Villupuram District in the Survey No.458 and having an extent of 51.8.5 hectare. This tank is fed by Pootai anicut which is situated across Mani river originated at the foots of Kalrayan hills. The Government of Tamil Nadu issued two G.Os. Vide G.O.Ms.No12 Public Works (W1) Department dated 21.01.2017 and G.O.Ms.No64 Public Works (W1) Department dated 10.03.2017, for Page No.5 of 14 https://www.mhc.tn.gov.in/judis W.P.No.14376 of 2017 implementation of the Kudimaramath water bodies with participatory approach on a pilot basis for the year 2016-2017. It is also directed to follow the procedures as per the guidelines mentioned in the G.O.Ms.No.12 Public Works (W1) Department dated 21.01.2017, vide paragraph 2, it has been clearly stated that an ayacutdars or any association or group of ayacutdars nominated by the ayacutdars jointly involving or with the consent in writing of, the majority of the ayacutdars benefiting from the irrigation work concerned, subject to the condition, the other procedures are made applicable to the nominated contractors. The Tahsildar was requested to provide a list of Ayacutdar who are having patta lands and benefiting tank sluice directly through a letter dated 20.03.2017.
4.It is further stated in the counter that there are two sangams functioning in the said village, one named Pootai eri pasana darangal sangam having registration No.8/2014 and the other one named “Pootai Eri pasana ayacut vivasayigal sangam” having registration No.31/2017. There was a dispute between two sangams and it is for the competent Page No.6 of 14 https://www.mhc.tn.gov.in/judis W.P.No.14376 of 2017 authority to verify the majority of the ayacutdars and to entrust the work to the sangam who has the majority of the ayactudars. The authorities kept instructing both the sangams to prove their majority of ayacutdars and then get an agreement before executing the work, but without their consent, the people from both sangams have started to execute the work in hostile without doing the work properly. The respondents have also clearly instructed the petitioner's sangam not to start any work before the agreement is awarded to the eligible sangam and also informed that it is illegal to do such work before entering into a valid agreement. The petitioner sangam was also given sufficient time to settle the issue amicably in order to avoid law and order problem between the people in Pootai village.
5.It is also further stated in the counter that even after a reasonable period, the people from both sangams did not change their attitude and did not come forward to sort out the issue. Instead, they have started to complain that the people from both sangams have a fake set of members who do not even have a piece of land benefiting from the pootai tank Page No.7 of 14 https://www.mhc.tn.gov.in/judis W.P.No.14376 of 2017 directly under A1 classification. Thereby, the respondents approached the Tahsildar, Sankarapuram to provide a list of original ayacutdars who are owning patta lands and benefiting through pootai tank sluices directly with certificates counter signed by the V.A.O. under A1 classification which indicate two crop combination through a letter dated 23.05.2017. In continuation with this issue, the authorities requested both the sangams to prove their majority of the ayacutdars. The people from “pootai eri pasana tharargal sangam” came forward to prove their majority of ayacutdars on 26.05.2017 in a meeting jointly held by the Assistant Engineer, PWD, WRO, Irrigation section, Sankarapuram and V.A.O, Pootai Village at Pootai Village “Samuthaya koodam building”. But, the petitioner sangam till the date of filing of the above writ petition did not come forward to prove their majority of ayacutdars. The pootai eri pasana tharargal sangam has 49 numbers of original members out of 65 members based on the records given by the V.A.O. Pootai Village. Being the competent authority to execute the agreement or deny the same based on the records, the respondents have decided to surrender the same to the Government in order to avoid communal clashes to maintain law Page No.8 of 14 https://www.mhc.tn.gov.in/judis W.P.No.14376 of 2017 and order and harmony among the general public and the petitioner sangam is unnecessarily creating problems and confusion and thereby the works could not be handed over to the proper sangam. Accordingly, prays for dismissal of the above writ petition.
6.The Counter filed by the 8th respondent stated that Pootai Tank (Lake) is fed by Pootai Dam built across Manimutharu, which originates at the foot of Kalvarayan Hills. The Government of Tamil Nadu had issued guidelines for implementing Kudimaramathu scheme for water bodies with participatory approach on a pilot basis for the year 2016- 2017. As per G.O.Ms.No.623 Public Works Department, the irrigation works including maintenance, repairs and kudimaramathu works are to be executed by public works department and which does not exceed Rs.100 lakhs to be entrusted to Ayacutdars or association of farmers or group of Ayacutdars jointly involving or the majority of Ayacutdars benefiting from the irrigation work. Accordingly, public notices were issued in the Pootai village on 24.03.2017 announcing the details of the Kudimaramathu scheme. According to the 8th respondent, there are two Page No.9 of 14 https://www.mhc.tn.gov.in/judis W.P.No.14376 of 2017 sangams functioning in the village, one is the petitioner sangam and the other is Pootai Eri Pasanadarargal Sangam with Registration No.8/14. The petitioner sangam was registered in the year 2017. The Pootai Eri Pasanadarargal sangam sent a letter on 17.04.2017 requesting the competent authority to allot the work order to them, whereas, the petitioner sangam sent a letter dated 22.04.2017 for a work order. As there was a rival claim, both the sangams were asked to prove their majority. The 8th respondent sangam was ready to prove their majority and completed 80% of the work, but the petitioner sangam inspite of ample time, did not come forward to prove their majority. In order to avoid communal clash, the Government surrendered the Kudimaramathu work back and the work order was granted to none of us. The petitioner sangam with a malafide intention to prevent the 8th respondent from getting the work order from the Government has filed the above said writ petition. Hence, prays for dismissal of the above writ petition.
7.Learned Government Advocate appearing for the respondents would submit that the petitioner sangam did not come forward to prove Page No.10 of 14 https://www.mhc.tn.gov.in/judis W.P.No.14376 of 2017 their majority in the Peace Committee Meeting held in this regard and no work has been completed by them. She added that there was a dispute between two groups, thereby agreement could not be executed and the funds allotted for the Kudimaramathu got lapsed and sent back to the Government by surrendering the work to be allotted to either of the sangams. The policy decision for carrying out the said work is now restored back to Government for executing the same through contract. Therefore, at this stage execution of agreement or payment of amount would not arise at all. Accordingly, prays for dismissal of the above writ petition.
8.Heard the learned counsel for either side. Perused the records.
9.This Court on an earlier occasion taking note of the dispute between two rival groups, directed the Tahsildar, Sankarapuram to conduct meeting to find out what are all the works done by both sides and file a report. Today, a report was filed before this Court, wherein, it is indicated that both the sangams have not renewed their association and Page No.11 of 14 https://www.mhc.tn.gov.in/judis W.P.No.14376 of 2017 none of them proved their majority, thereby the work cannot be allotted to any of the sangam. The report further states that both the sangams due to rivalry, have voluntarily executed some work without any permission from the authorities.
10.Taking note of the above report, this Court is of the view that there was a rivalry between two sangams and no agreement for work or contract was executed in their favour. They have voluntarily done certain work to show their supremacy therefore it cannot be said that they have completed the work. Now it is also stated that the entire amount allotted to the said work has got lapsed and handed over to the Government. Now, the work is also restored by the Government directly by engaging contractors.
11.Such view of the matter, merely on the basis of some work done by the petitioner sangam voluntarily to establish their right in the above work, they cannot seek work order from the respondent by executing contract agreement or payment for the work so far done by them, Page No.12 of 14 https://www.mhc.tn.gov.in/judis W.P.No.14376 of 2017 particularly, when the amount allotted for such work has already got lapsed and returned to the Government. Hence, I do not find any merit in this writ petition.
12.This writ petition stands dismissed accordingly. Consequently, connected miscellaneous petition is closed. No costs.
04.11.2022 kas Index: yes / no Internet: yes / no Speaking / Non speaking To
1.The Principal Secretary State of Tamil Nadu PWD Department Fort St. George Chennai 600 009
2.Engineer in Chief Water Resources Department and Chief Engineer (General) Public Works Department P.W.D. Building Page No.13 of 14 https://www.mhc.tn.gov.in/judis W.P.No.14376 of 2017 N.SATHISH KUMAR, J.
kas
3.The District Collector Villupuram District Villupuram 605 602
4.Superintending Engineer (PWD) (WRO) Cuddalore Circle Cuddalore – 1
5.Executive Engineer Vellar Basin Division Old Sub Jail Road Virudhachalam Taluk and Post Cuddalore
6.Asst. Executive Engineer (PWD) (WRO) Vellar Basin Sub Division Kallakurichi 606 202 Villupuram District
7.Asst. Engineer (PWD) (WRO) Sankarapuram Irrigation Section PWD Building Kachirayapalayam Road Kallakurichi 606 202 W.P.No.14376 of 2017 04.11.2022 Page No.14 of 14 https://www.mhc.tn.gov.in/judis