2018 Supreme(Mad) 3972
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, SUBRAMONIUM PRASAD, JJ.
K.K. Ramesh - Appellant
Versus
Union of India, Represented by its Secretary, New Delhi & Others - Respondent
W.P. No. 23254 of 2018
Decided on : 14-11-2018
Advocate Appeared:
For the Petitioner: K.K. Ramesh
The judiciary should refrain from interfering in policy matters and public projects, and decisions on such matters are the function of the executive.
Headnote:
Mandamus - Failure of Monsoons and Agricultural Crisis - 2008 (1) SCC 683, 2000 10 SCC 664, 2002 2 SCC 333
Fact of the Case:
The writ petition seeks a writ of Mandamus to address the failure of monsoons, lesser yield of agriculture, and waiving of agricultural loans due to the drought in Tamil Nadu.
Finding of the Court:
The court dismissed the writ petition, noting that the real intention was to get crop loans waived by the State and that the petition seemed targeted towards waiving of crop loans.
Issues: Failure of monsoons, agricultural crisis, waiving of agricultural loans, and the role of the judiciary in policy matters.
Ratio Decidendi: The court cited precedents to emphasize that the judiciary should not interfere in policy matters and that decisions on public projects and policies are the function of the executive.
Final Decision: The writ petition was dismissed, but no costs were imposed due to the petitioner appearing in person.
1. The instant writ petition is for a writ of Mandamus directing the 1st respondent to allot more amount of funds for the expenses here under mentioned and to instruct the 2 to 6 respondent, to formulate an Expert committee to interlink all the tanks and Kanmays and Ponds, water channels and water lines with all Rivers in Tamil Nadu state to prevent the flood waters which goes to Bay of Bengal sea, to construct more check Dams all over Tamil Nadu, to remove all the encroachments in water lines and water channels all over Tamil Nadu, to punish the government officials who supported the encroachers and failed to protect the water bodies in Tamil Nadu, by considering the petitioners representation dated 08.08.2018.
2. Though the prayer is one for constituting an expert committee to interlink all the tanks and Kanmays and Ponds, water channels and water lines with all Rivers in Tamil Nadu, construct check Dams, removing encroachments etc. The writ petition primarily is on the failure of monsoons, lesser yield of agriculture and consequently waiving of agricultural loans. Few paragraphs which will highlight the actual motive of the writ petition is as under:-
“5. I state that there is no monsoon rain in Tamil Nadu for the past 5 years. So there is a no release of water from the Mettur Dam in due time for the agricultural operation. So 75% of the lands in the delta area are without cultivation for the past 4 years. Likely there is no water in the lake, ponds and other water bodies for the past 4 years. Moreover, the well irrigated lands are not cultivated for the past 4 years for the want of water in the well. The 90% of the lake irrigated lands and the well irrigated lands are without cultivation for the past 4 years. The agriculturist are becoming poor day by day without any income. In the meantime the State Government and the Central Government are taking stringent steps to collect the loan granted to the agriculturist. The state and Central Governments are aware that there are no waters in the river, lake ponds and the agricultural wells. So our association raised a demand before the state and Central Governments to write off the agricultural loans of the agriculturist.” (emphasis supplied)
8. I submit that due to failure of north east monsoon and south west monsoon for the 3 years the Agriculture in Tamilnadu have been worstly affected and lakhs and lakhs of Agri laborers lost the works and in some places Agri laborers were migrating to some other district for searching jobs. In some districts in Tamilnadu unable to repay the bank loan some tens of farmers committed suicide due to short fall of rain. (emphasis supplied)
9.............. At his panchayat in kannadi in palakka, the farmer claims that this time only 10% crops were cultivated. “My son and I are both farmers, and our family is completely dependent on the cultivation. I have never seen such a situation in my whole life. Now the problem is how I will sow the seeds next April with no cash in my hand. My family will starve,” said Sivadasan. The latest figures as of December 21, 2016 from the directorate of agriculture show that 17, 128 hectares of cultivable land across the state have been affected by the drought. Crop loss stands at more than Rs. 90 crore.
....This is the first time in 42 years that the Mysuru region has received scanty rains, forcing farmers to abandon agriculture activities. “The worst story of the drought is that even parts of the Western Ghats, such as Kodagu and Hassan districts, failed to records normal rainfall, drying up dams in Cauvery basis of water,” an agriculture department official claimed, pointing out how farmers in Mandya district, part of the Krishnaraja Sagar dam ayacut area have failed to harvest even a single paddy crop this year. Chief minister Siddaramaiah recently said the state had suffered a crop loss of Rs.25,000 crore. The Karnataka government has asked the Centre for a Rs.4,702.54 crore package to help tide over the dro