JUDGMENT

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Sae.Mu.Ka.No.Tho.Nu.P/Va.Aa/Ko.10/338.M, dated 28.08.2014 and quash the same.

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Pa.Mu.13389/2015/E1, dated 12.09.20 and quash the same.

The Writ Petitions are filed to quash the orders dated 28.08.2014 12.09.2015, respectively, granting permission to extract water from Aliyar Basin Division Canal. The permission was granted by the authorities in favour of the 2nd respondent in W.P.No.10545 of 2015 and the 4th respondent in W.P.No.957 of 2016, which are questioned by the petitioner on the ground that there are large scale illegalities in the matter of granting permission for extracting water for irrigation and other purposes. Further, many persons are illegally tapping water by laying pipelines.

2. The petitioner was elected as a Chairman of the Perambikulam Aliyar Project, Thirumoorthi Reservoir Project Committee and was discharging his duties as Chairman of the said Committee for about 10 years from the year 2004 to 2014 without any remarks. The State of Tamil Nadu has enacted the Tamil Nadu Farmers' Management of Irrigation System Act, 2000 (Act 7 of 2001), to manage the irrigation system among the Ayacutdars by equal distribution of water and maintenance of canal. As per the said Act, the farmers should elect President, Water Resource Association and intrun the Presidents in that locality elect Distributory Committee Chairman, who intrun elect Chairman of the Project Committee. The petitioner was elected twice as a Chairman of Perambikulam Aliyar Project, Thirumoorthi Reservoir Project Committee as per the provisions of the Act.

3. The grievances of the petitioner is that the authorities of the Water Resource Organisation are granting permission without adhering to the Rules and Regulations to be followed. Granting such permission is causing infringement of right to other Ayacutdars who all are using water for irrigation purpose.

4. It is contended that infringement of right of other farmers is hot burning issue and thus the Writ Petitioner is constrained to file the present Writ Petitions.

5. The learned counsel for the petitioner mainly contended that permission for extraction of water has been granted in many cases and those persons permitted are extracting excess water and other farmers are unable to get adequate water for irrigation and other purposes. Further, inequal distribution of water is creating a larger public issue. Therefore, the learned counsel for the petitioner urged this Court to initiate action against all such illegalities for the purpose of upholding the principles of equality as enunciated under the Constitution of India.

6. The learned counsels appearing on behalf of the persons who have been given such permission contended that the permission was granted after considering the peculiar circumstances. Further, by utilising the permission, the farmers are taking water as per permission and no illegality has been committed.

7. This Court thought it fit to implead the District Collector, Coimbatore; the District Collector, Tiruppur; the Chief Engineer, Water Resource Organisation; the Superintending Engineer, Water Resource Organisation; the Tahsildar, Pollachi, Coimbatore and the Tahsildar, Kangayam, Tiruppur in order to get details regarding the allegations.

8. Pursuant to the direction of this Court, Mr.P.Muthusamy, Chief Engineer, Water Resource Organisation, Pollachi, Coimbatore and Mr.P.Devarajan, Superintending Engineer, Water Resource Organisation, Pollachi, Coimbatore, appeared before this Court through Video Conference.

9. The Chief Engineer, Water Resource Organisatio